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About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at |http: //books .google .com/I fYD^t^ct^- :i_ A r J THE STATE OF OHIO. GENERAL AND LOCAL LAWS Ain> JOINT RESOLUTIONS, PAfiSXD BT THX SIXTY-FOURTH GENERAL ASSEMBLY AT ITS FIRST" SESSION, BkOON tXtt ■BMVD IN TRB CiTT OM COLUHBUS, JaKUABT 5, 1880, VOLUME LXXVII. i K m « ■ • • • « • ' ♦• • " • • • • • •• •• • • • • . • • COLUMBUS: KEVINS & MTEBS, STATE PBINTER8. 1880. JAN 3 1 1924 366580 • » •» • • • T • • • • • • • • • .• • • • • o • • •• • • k • • » • ♦ < < w • • Ik* GENERAL LAWS. [House BiU No. 37.] AN ACT Making appropriatioDs for the general aaeembly. Section 1. Be it enacted by the Oeneral Assembly of the Skde of Ohio J That there be and is hereby appropriated, from aay moneys in the general revenae fund not otherwise appropri- ated, for the payment of the salaries and mileage of the members of the general assembly, and the per diem of the clerks, assistant clerks, sergeant-at arms, assistant serjeant- at-arms, pages, and other employes under the laws ana reso- lutions of the senate and house of the sixty-fourth general assembly, forty-five thousand dollars. For contingent ex- penses of the general assembly, three hundred dollars. Sec. 2. This act «hall take effect from its passage. THOS. A. COWGILL, Speaker of the House of RepresentcUives. JABEZ W. PITCH, Prehident of the Senaie. Passed January 9, 1880. rHonaeBiUNo. 41.] AN ACT To provide for the enlargement or improvement, or both, of fair ffroonds for the nse of coanty agricoltnral BOoieti«8 in oertain oas^e, ana to le- peal sections 746*2, 744>3, 7464, and 7465 of the appendix to the revised statutes of Ohio. Section 1. Be ii enacted by the Oeneral Aseembly of the State Relating to of OhiOj That when any county agricultural society in any fairgrounds county of this state containing a city of the first class, with JJ^ purchase a population of two hundred thousand or more inhabitants, ^'^ * shall deem it necessary to improve the fair grounds used by such society, or to acquire additional fair grounds for the us^ of such society, and to improve its entire fair grounds thus enlarged, then the board of directors of such society may, at a general meeting of said board, by a vote of at least two- thirds of all the members thereof, upon a call of the yeas and nays, pass a resolution lor tne purpose of securing the bene- • » Notice to county com- mUsionero. Powers of coaDty com- missionert. ConditioDs and cost. Provisionn for pay men te for iinpiove- niente and additional grounds. liWQance of lionds; r«gu- latiog iuter- ei»t and time ot payment. Commission- era to make levj. Title and (.outrol of 1 aud 8 aiid im- provement 8. Rules of gov- ernment. fits of*' in ifr 'act, declaring such necessity and which of the '.two. above mentioned alternatives said board deem it best for tlie good of said county and society to adopt : and if said 'l>oard deem it best to acquire additional grounae, then said resolution shall also contain a proper description of the land to be pi^rchased, giving its location, number of acres, the con- dition of payment and a plat thereof; and said board shall then, within thirty days from the passage of said resolution, give notice in writing to the county commissioners of the county containing such grounds, of the necessity of improv- ing, or of enlarging and improving, the fair grounds under the control of such society as may be, which notice shall contain, or have annexed thereto, a certified copy of said resolution, and shall be signed by the president and secretary of said board of directors. Sec. 2. That within thirty days after the filing of said notice and a copy as aforesaid, the said county commissioners shall purchase such lands as may be therein designated for additional fair grounds, if any lands be so designated, and if the lands can be purchased at the price and upon the con- ditions specified in said resolution, and shall improve the fair grounds now used by such society, or said grounds so purchased, or both, within a reasonable time not to exceed six months, in such a way as said board of directors may direct ; but the total cost of said purchase or improvements, or both, shall not exceed fifteen thousand (915,000) dollars. Sec. 3. That the payment of said purchase or improve- ment, or both, as may be, shall be made by said county com- missioners from any unappropriated funds in the county treasury at the time said payments are to be made, and if no such funds are in the county treasury at such times, then said commissioners are hereby directed to issue the bonds of the couilty for such amounts as may be necessary to make the required payments aforesaid ; such bonds to bear legal interest, and to be payable at the office of the county treas- urer at such timed, not exceeding five years from the date thereof, as said commissioners shall determine, and to pro- vide for the payment of said bonds the said county commis- sioners are hereby directed to levy such annual taxes on all taxable pr jperty of the county as may be necessary there- for ; said assessments shall be collected and accounted for, as other county taxes are, by the proper county officer. Sec. 4. That while the title to the grounds so purchased, if any be purchased, shall be vested in the county commis- sioners for the use and benefit of any such county, the con- trol and management of the lands and the improvements thereon erected shall be vested absolutely in the board of difectors of such society, and no change of name or other cause shall ever interfere in any manner with the control of the property, or the management thereof, so long as a county agricultural society within such county is governed by the regulations of the Ohio state board of agriculture. Sec. 6. That the act entitled "an act to authorize the Previous act purchase of additional fair grounds for the use of county ^P®*'®<*' agricultural societies in certain cases, and to repeal a certain Fact] herein named,'' (vol. 76, p. 37 ; and being also sections 7462, 7463, 7464, and 7465 of the appendix to the revised statutes of Ohio), passed March 22. 1879, be and the same is hereby repealed, and that this act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the Hovse of Representatives. E G. RICHARDS, PreddtrU pro te^n, of the Senate. Passed January 30, 1880. iSenate Bill No. 3.] AN ACT To repeal an act eDtitled "an act suppleineDtary to an act defioiog tbe powers and prescribing the daties of the board of public works, passed May 14, 1878." (Ohio Laws, vol. 76, p. 15 ; Rev, Stat, sec." 7667.) Sbction 1 . Be it enactrd by the General Assembly of the State of Ohio^ That an act entitled " an act supplementary to an act defining the powers and prescribinsc the duties of the board of public works, passed May 14, 1878," passed and took effect February 12, 1879, be and the fame is hereby repealed. Sec. 2. That this act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representative^, R. G. RICHARDS, President pro tern, of the SenaJtSi Passed February 4, 1880. ( House BiU No. 95.] AN ACT To amend section 907, chapter 1, title 8, of the reviaed statotea of Ohio. Section 1. BeU enacted by the General Assembly of the State of Ohio^ That section number 907 of the revised statutes of Ohio, be amended to read as follows : Section 907. Whenever any of the records of any county are destroyed, in whole or in part, any map, plat, deed, con- veyance, mortgage, power of attorney, or other instrument in writing, or record in any proceeding authorized by law to be recorded, which affects real estate in the county or the records. 6 continuing rights of parties to such record, and of which the originals, or exemplifications of the same, have been before recorded, such originals, or exemplifications, or certified Re-recordiDg copies of the former record, may be recorded in the proper •f™^?^ oflSce therefor ; and in re-recording the same, the officer shall record the certificate of the previous record, and the date of filing for record appearing on the original or certified certifi- cate so recorded shall be taken and held as the date of the recording of the instrument to which it is attached; and copies of the records herein authorized to be made, duly cer- tified, shall have the same force and effect as evidence as certified copies of the original record ; and when any of the instruments or records aforesaid shall be presented to the county recorder, or other officer, the proper custodian of such records, he shall forthwith record and index the same in ac- cordance with the law for the original recording ; and some competent person, employed for that purpose by the county commissioners at a reasonable compensation, shall compare such record with thcvinstrument so recorded, and if the same has been correctly recorded, he shall certify on the margin of the page upon which such record has been made the cor- rectness of the same; and such recording officer shall re- ceive compensation for recording any map or plat aforesaid, not exceeding six lines, one dollar, and for each additional line, five cents; and for any recording and indexing afore- said, other than said map or plat, at the rate of not more than five cents for every hundred word^i; said compensation to be paid out of the county treasury upon the allowance of the county commissioners: provided, that no bill for services under this section shall be allowed by the county commis- sioners until they are first duly satisfied that such services have been rendered and the charges therefor are not in ex- cess of the rates herein provided. Sec. 2. That said section number 907 of the revised stat- utes be and the same is hereby repealed. Sec 8. This act shall take effect on its passage, JOHN A. WILLIAMSON, Speaker pro tern, of the House of Representatives, R. G. RICHARDS, President pro tem. of the Senate. Passed February 11, 1880. [House BUI No. 77.} AN ACT To amend section 4081 of the rerised statutes (part 2, title 3) relating to school examinations. Section 1. Be it enacted by the General Assembly of the State of Ohio^ That section forty hundred and eighty-one of the revised statnteB (part 2, title 3) be amended so as to read^as follows : Section 4081. Each person who applies to the board for ExaminaUon examination shall pa^ to the clerk a fee of fifty cents. The fee. board may grant certificates for one, two, or three years (ex- cept in cities of the first class, in which the certificates shall be for two, five, or ten years), which shall be signed by the president and attested by the clerk, and shall be valid within the district wherein they are issued ; and on the production of satisfactory evidence that a person to whom a certificate has been issued is inefi&cient or guilty of immoral or im- S roper conduct, the board tfhall revoke the certificate and powers of ischarge such person from employment as a teacher in the board, district ; but such teacher shall be entitled to pav for ser- vices to the time of such discharge, and the word teacher shall be held to include superintendents of schools. Sec. 2. That said original section 4081 of the revised statutes be and is hereby repealed. Sec. S. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Represeniatives. R. G. RICHARDS, Prestdent pro tern, of the SenoUe, assed February 12, 1880. [Senate BiU No. 28.] AN ACT To authorize certain Qiunioipal oorporationB to oonstruot machine shops and issae bonds therefor. Section 1. Be it enacted by the Oeneral Assembly of the State of Ohio, That the council of any municipal corporation certain city which by the last federal census had and those which here- (Lima) au-*^ after on ihe first day of March in any year, as ascertained by thoriaed to any federal census may have a population of four thousand JJ^jj^jJ™^* five hundred, is hereby authorized to contract for, and con- shops, struct machine shops and purchase real estate therefor, and for that purpose to issue bonds to the amount of one hundred thousana dollars, in such denominations and payable at such ^ times as such council shall by resolution determine. Such bonds^etc. bonds shall be signed by the mayor, countersigned by the ' clerk, and attested by the corporate seal of such municipal corporation, and shall bear interest not to exceed the rate of six per cent, per annum, payable semi-annuaJly from the date thereof. Sec. 2. That any such municipal corporation may ne- contraator gotiate such bonds for cash, or it may deliver the same in to give bond payment of such real estate, or for the construction of 8 Coancil may lease or sell 8noh machine shops. Eleetors ot city to vote on proposi- tion. Election, how held and oon- d acted. Form of bal- lot. Resolution of conncU to be entered on ordinance book. machine shops; but in no case shall such bonds be disposed of at less than the par value thereof, and no contract shall be awarded until the contractor shall enter into bonds to such municipal corporation in double the amount of such contract, conditioned that such contractor shall fully perform all the oblipfations imposed upon him by such contract. Sec. 3. That such council is hereby authorized to lease said shops, with or without the grounds, upon which the same may be built or to be built for such terms, conditions, and reservations as may by it be determined by resolution, or such council may sell and convey said shops, with or with- out the ground, upon which the same are built or contracted to be built for sucn consideration, and upon such terms, con- ditions, and reservations as may by it be determined by res- olution. Sag. 4. That the powers herein conferred shall in no case be exercised by sucn council until thereto authorized by a vote of the qualified electors of such municipal corporation, taken at a general or special election held therein ; that for the purpose of submitting such proposition to a vote of such electors, the clerk of such municipal corporation, upon the passage of a resolution by such council for that purpose, shall give notice of the time of holding such election, which shall be published in all the newspapers published in such city, whether English or German, at least ten days prior to the day of holding such election. Such election shall be held at the usual {uaces of holding elections, and by the of- ficers authorized to preside at elections in such municipal corporation. The poll -books and tally-sheets of such elec- tion shall forthwith be returned to the clerk of such munic- ipal corporation, who, with the president of the council, shall at any regular or special meeting of such council, pro- ceed to canvass such vote; and the clerk of such municipal corporation shall enter the number of votes cast for and against said proposition in each ward and voting precinct, and of the aggregate number of votes for and the number of votes against such proposition in such municipal corporation; and if it shall appear by the returns of sucn election that two-thirds of all the electors voting at such election shall have voted in favor of such propositioo, such council shall be au- thorized to exercise the powers conferred by this act ; and if two-thirds of such electors shall not have voted in lavor of such proposition, such council shall not exercise the powers conferred by this act. The ballots to be voted at such gen- eral or special election shall have written or printed thereon the words, "Machine shops — yes;" *' Machine shops — no." Sec. 5. That the resolution of such council herein pro- vided for shall forthwith be entered by the clerk of such mu- nicipal corporation upon the ordinance book of such munic- ipal corporation, ana shall take effect upon the passage, without publication, any provisions of the law to the con- trary notwithstanding. Sec. 6. That all contracts, agreements, ©r conveyances contracts, authorized by this act shall, upon the part of such munici- how signed pal corporation, be signed by the mayor, countersigned by and attested. the clerk, and attested by the seal of such municipal corpor- ation; and the council of such municipal corporation is hereby authorized to levy such tax upon the taxable prop- erty of such city, each year thereafter, as may be necessary ^'*?^*'*' to pay the interest on such bonds as the same- may become J^jJ^keleYy^ due, and to provide a sinking fund to pay the principal of ^ such bonds at maturity. Sec. 7. That this act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Sepresentatives, R. G. RICHARDS, President pro tern, of Senate. Passed February 16, 1880. CHoose BiU No. 149.1 AN ACT To amend section 3177 of the revised statutes. Section 1. Be it enacted by the Qeneral Asiembly of the State of Ohio, That section 3177 of the revised statutes be and ^^^^^^ hereby is amended to read as follows : * hSSdays, " Section 3177. The following days, namely : the first day of January, the fourth day of July, the twenty- fifth day of December, the twenty-second day of February, and any day appointed or recommended by the governor of this state or the president of the United States as a day of fast or thanksgiving, shall, for all purposes whatsoever of present- ment for payment or acceptance, and the protesting or the giving of notice of non-acceptance, or of non-payment, of all such instruments, be considered as the first day of the week ; but if the first day of January, the fourth day of July, the twenty-fifth day of December, or the twenty -second day of February be the first day of the week, tbe succeeding Monday shall, for the same purposes, be considered as the first day of the week. Sbc. 2. This act shall take effect from and after its passage. THOS. A. COWGILL, Speaker of the House of Representaiiifes. R. G. RICHARDS, President pro tern, of the Senate, Passed February 16, 1830. • -*i^«^l»MOT 10 Certain seo- tlons of the election Uws repealed. \ [HoiiBeBiUNo.2.] AN ACT To repeal seotionB two thonaaiid nine hundred and twenty-fonr, two thousand nine hundred and thirty-ouoi and two thonsand nine handred and thirty-foar of the revised statutes. Section 1. Be it enacted by the Oenerai Assembly of the State of Ohio, That the said sections two thousand nine hundred and twenty-four, two thousand nine hundred and thirty-one, and two thousand nine hundred and thirty-four of the re- yised statutes are hereby repealed. *Sec. 2. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RepresentkUives. R. G. RICHARDS. President pro tern, of the Senate. Passed February 16, 1880. to contain nearly an equal pum- ber of inhab- itants. [Senate fiill No. 59.] AN ACT To amend section sixteen hundred and thirty-one (1631), chapter eight (8), title twelve (12), revised statutes of Ohio, 1880. Wards how SECTION 1. Be it enacted by the Oenerai Assembly of the StaJte J^'^J^^ed and of Ohio, That sectipn one thousand six hundred and thirty- one (1631), chapter eight, title twelve, revised statutes, be amended so as to read as follows : Section 1631. That all wards hereafter established or changed shall be bounded by streets, alleys, avenues, public grounds, canals, water-courses, or corporation lines, and be composed of adj[acent and compact territory ; and the several wards, at the time of redistricting, shall contain as nearly an equal number of inhabitants as may be practicable. Sec. 2. That this act shall take effect and be in force from and after its passage, and that said original section 1631 be and the same is hereby repealed. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, President pro tern, of the Senate. Passed February 26, 1880. [Senate BUI No. 4] AN ACT To apportion the state of Ohio into oongreeeional distiiots, and to repeal an act therein named. (Ohio Laws, YoL 75, p. 528.) SECTioif 1. Beit enacted hy the General Asumblv of the State of Ohio, That the state of Ohio shall be divided into twenty districts for the election of representatives to congress, and each district shall chooee one representative in the manner following, to wit : First District — That so much of the county of Hamilton as is now contained within the limits of the first, second, third, fourth, fifth, sixth, seventh, eifchth, ninth, tenth, eleventh, and eighteenth wards of the city of Cincinnati, as they are now constituted, and the townships of Anderson, Columbia. Spencer, Symmes, and Sycamore, and Avondale and the North-east, St. Bernard, and Bond Hill precincts of Mill Creek township shall compose the first district. Second District — The balance of the county of Hamilton now contained within the limits of the twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, nineteenth, twentieth, twenty-first, twentv-second, twenty-third, twenty- fourth, and twenty-fifth wards of the city of Cincinnati, as they are now constituted, and the townships of Springfield, Colerain, Greene, Delhi, Miami, Whitewater, Harrison, and Crosby, and Clifton, College Hill, Winton Place, and Western precincts of Mill Creek township shall compose the second district. Third District— The counties of Butler, Warren, Clinton, Fayette, and Clermont shall compose the third district. Fourth District — ^The counties of Darke, Preble, Montgom- ery, and Greene shall compose the fourth district. Fifth District — ^The counties ot Defiance, Paulding, Put- nam, Van Wert, Allen, Auglaize, Mercer, and Shelby shall compose the fifth district. Sixth District— The counties of Williams, Fulton, Henry, Wood, Lucas, and Ottawa shall compose the sixth district. Seventh District — The counties of Highland,^ Brown, Adams, Pike, and Boss shall compose the seventh district. Eighth District — ^The counties of Madison, Clarke, Miami, Logan, and Champaign shall compose the eighth district. Ninth District — The counties of Hardin, Marion, Dela- ware, Union, Morrow, and Knox shall compose the ninth district. Tenth District — ^The counties of Hancock, Seneca, Sandus- ky, Erie, and Huron shall compose the tenth district. Eleventh District — ^The counties of Hocking, Vinton, Jack- son, Scioto, Lawrence, and Gallia shall compose the elev- enth district. Twelfth District— The counties of Franklin, Pickaway, Fairfield, and Perry shall compose the twelfth district. 12 Thirteenth District — The counties of Licking, Muskingum, Coshocton, and Tuscarawas shall compose the thirteenth dis- trict. Fourteenth District — The counties of Wyandot, Crawford, Richland, Ashland, and Holmes shall compose the fourteenth district. Fifteenth District — The counties of Meigs, Athens, Mor- gan, Monroe, and Washington shall compose the fifteenth district. Sixteenth District — The counties of JeflFerson, Harrison, Belmont, Guernsey, and Noble shall compose the sixteenth district. * Seventeenth District — The counties of Carroll, Stark, Columbiana, and Mahoning shall compose the seventeenth district. Eighteenth District -7 The counties of Lorain, Medina, Wayne, and Summit shall compose the eighteenth district. Nineteenth District — The counties of Ashtabula, Trum- bull, Portage, Geauga, and Lake shall compose the nine- teenth district. Twentieth District— The county of Cuyahoga shall com- pose the twentieth district. Sbc. 2. That the act of May 15, 1878, entitled " an act to apportion the state of Ohio into congressional districts," and to repeal an act therein named, be and the same is hereby repealed ; the intention and purpose of this act being to re- store the apportionment of April 27, 1872. Sbc. 3. This act shall take effect from and after its passage. • THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, President pro tern, of the SenaJbe, Passed February 26, 1880. [House BiU No. 11.] AN ACT To amend seotlon 5185 of the revised statutes. relative to straok Juries. Section 1. BeU enacted by the General Assembly of the StaU of Ohio, That section 5185 of the revised statutes be amended so as to read as follows : Struck lury Section 5185. Any party to an action may demand a how and struck jury for the trial of an issue of fact therein by filing when de- a precipe with the clerk ; thereupon the clerk, except in ™«>ded and counties containing cities having at the federal census of selected. ISJO^ or which may hereafter have, at any federal census a population of two hundred thousand or more, shall proceed to the office of the county auditor and there take to his as- Id sistance the county auditor and' recorder in the selection of the list of names for such jury, which three officers shall select from the qualified electors of the county the names of forty persons impartial between the parties, aud who from their intelligence and sound judgment are belieyed to be well qualified to try the cause ; the auditor shall make and preserve in his omce a list of names so selected ; and the clerk without delay shall give four days' notice to both parties, or their attorneys of record, of the time of striking the jury, and to furnish to each at the same time a true copy of such list In all counties containing cities having at the federal census of 1870, or which may hereafter have at any federal census a population of two hundred thousand or more, when- ever a strucK jury shall have so as aforesaid been demanded, the clerk shall certify the same to the presiding judge of the court in which said cause is pending ; and said presiding judge shall thereupoc^ personally, and without suggestion from any one, perform the duty of selecting the names of persons for such jury, in lieu of the clerk, auditor, and re- corder ; and within two days after receiving such certificate of the clerk notifying him of such demand for a struck jury, said presiding judge shall certify to said clerk the names of the persons so selected by him, and said clerk shall there- upon proceM to give the same notice and copy of list of names so selected as hereinbefore provided in all cases where a struck jarv shall have been demanded. Sec. 2. This act shall be in force from and after its pass" age, and section 5185 of the revised statutes is hereby re^ pealed. THOS. A. COWGILL, Speaker of the House of RepresentcUives* R. G. RICHARDS, President pro tern, of this 8enaie» Passed February 26, 1880. How selected in HamUtoD coanty. [House BiU No. 92.] AN ACT To amend section number 1104 of the revised statutes. Section 1. Be it enacted by the General Assembly of the State of Ohio, That section number 1104 of the above entitled act be so amended as to read as follows : ' Section 1104. When any taxes or assessments stand charged against any land or lots, or paixsel thereof, upon the general or any special duplicate (or any special duplicate of delinquent or forfeited taxes or assessments), for any pur^ 14 TreMorer 4 may briDg clyil action for taxes or aaseflsmentB on real es- tate. Dnplioate prima faoie evidence of amoonty Ta- liditj, and non-pay- ment. Redemption by the owner. pose authorized by law, and the same, or any part thereof, are not paid within the time prescribed by law for the pay- ment thereof, the county treasurer, in addition to all other remedies provided by law, may enforce the lien for such taxes and assessments, or either, and any penalty due there- on, by a civil action in his own name, aa treasurer, for the sale of said premises, in the court of common pleas of the county, without regard to the amount claimed, in the same way mortgage liens are enforced ; and the said court shall, upon the application of the plaintiff, advance said cases on the docket so that the same may be first heard ; and it is sufficient, having made the proper parties, for the treasurer to allege in the petition tbao the taxes and assessments, or either, stand charged on the duplicate or duplicates against said premises, the amount thereof, and that the same are unpaid ; and he shall not be required in the petition to set forth any other or further special matter relating thereto; and said duplicate or duplicates shall be received as prima facie evidence, on the trial, of the aufbunt and validity of such taxes and assessments, and of the non-payment thereof; and if it is found that such taxes and assessments, or any part thereof, are due and unpaid, judgment shall be rendered tor the same, penalty and costs, and said premises, or so much thereof as may be necessary to pay the same, shall be, by the order of the court, sold to pay the same ; and out of tbe proceeds of sale shall first be paid the said judgment, the balance being distributed as may be just ; and the owner or owners of such property shall not be entitled to any exemp- tion as against such judgment; and if the lands or lots have been forfeited to the state, it shall not be necessary to make the state a party, but it shall be deemed a party through and represented by the treasurer ; but the owner or owners of such property have the right to redeem the same within two years from the date ot s^le, by paying to tue holder thereof the amount he paid therefor, and lor the deed, together with six per cent, interest thereon, and twenty-five per cent, on the amount of said judgment ; and in such pro- ceeding the treasurer may join in one action all the lots or lands, or any number of them embraced in any one assess- ndent, but the decree shall be rendered severally or separately for the taxes and assessments found due; and any proceeding may be severed, in the discretion of the court, foi the pur- pose of trial, revision, or appeal where an appeal is allowed; and the court shall make such order for the payment of costs as shall be deemed equitable and proper ; the auditor may place upon a separate duplicate the lorfeited and delinquent taxes and assessments for the years prior to 1879, upon the request of the treasurer, and the viUidity and priority of lien of such taxes and assessments sfafeiil not be afiected thereby. Sbc. 2. Said original section 1104 be and tbe same is hereby repealed. 16 Sec. 3. This act shall take effect and be in force from and after its passage. TH08. A. COWGILL, Speaker of the Howe oj RepresentaHveB. R. G. RICHARDS, PresiderU pro tern, of the SenoUe, Paaaed February 26, 1880. [Honse BiU No. 100.] AN ACT To amend sectioDs 1700 and 1703 of the leyised statntee. Sbction 1, Be it enacted by the Oeneral Assembly of the State of Ohio, That sections 1700 and 1703 of the revised statutes be and the same are hereby amended so as to read as fellows: Section 1700. The trustees of hamlets shall have power offioers of to appoint from the electors of the corporation a clerk, who hamletB shall act as treasurer, and a marshal, who shall or shall not ?|^^®^ ^^^ act as supervisor, as the trustees by ordinance may prescribe; *'^****« but whenever the trustees of any hamlet shall, by ordinance, provide for the separation of the offices of marshal and su- pervisor, they shall, annually, during the continuance in force of such an ordinance, appoint from the electors of the corporation a supervisor ; and the trustees shall also have t power to appoint such other police officers as may be neoea- sary; and they shall, by proper by-laws, resolutions, and ordinances prescribe the duties and compensation of the offi- cers so appointed, and they may remove any such officer and appoint another at their discretion; and the president of the board of trustees shall have the same powers and perform the same duties as are prescribed for mayors of villages, by chapter five, division four, of this title, except that he shall receive no compensation for his services, except those allowed for similar services to justices of the peace. Section 1703. The marshal shall be chief of police, and jy ^ ^^ have the powers of marshals in villages, and for his services marshal * hit as such shall receive, in addition to any salary fixed by the fbes. trustees, by ordinance, the same fees, and be paid in. the same manner as marshals in other municipal corporations for like services ; and for his services when ne acts as super- visor, in which office he shall act under the direction of the trustees, he shall be paid out of the proper township treas- ury or treasuries the same compensation allowed to other supervisors; and where the offices of marshal and supervisor are separated, the supervisor shall perform his duties, be paid in the same manner, and receive the same compensa- tion as is provided in the first part of this section tor the marshal when acting as supervisor. 16 Sec. 2. That sections 1700 and 1703 of the revised stat- utes of Ohio, passed June 20, 1879, be and the same are here- by repealed. Sec. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, President pro tern, of the Senate, Passed February 26, 1880. Board of in- iinnary di* reotora. Election and qnalifioatioi} of directors. [Honse Bill No. 12.] AN ACT To amend sections 2168, 2170, and 2173, and to repeal seofcions 2177, 2178, 2179, and 21b0 of chapter 4, division 6, title 12, part first, of " an act to revise and consolidate the general statutes of Ohio,'' passed Jane 20, 1879. Section 1* Be it enacted by the General Assembly of the State of Ohio, That sections 2168, 2170, and 2173, of chapter 4, di- vision 6, title 12, part first, of an act entitled '' an act to re- vise and consolidate the general statutes of Ohio," passed June 20, 1870, be and the same are hereby amended to read |8 follows : Section 2168. The management of affairs of all corpora- tion infirmaries now existing or which may hereafter be established, and the care of the inmates thereof, the erection and enlargement of infirmary buildings and additions there- to, and the repair and furnishing thereof, the improvement of the grounds therewith connected, and the granting of out- door relief to the poor, shall be vested in a board of three directors, which shall be called "the board of infirmary directors." Section 2170. The directors shall be electors, and be elected by the electors of the corporation, and shall hold their office for three years, except that at the first election one of the directors shall be chosen to serve for one year, one for two years, and one for three years, and thereafter one shall be elected annually, and the directors shall receive such com- pensation as the city council may, by ordinance, provide; provided, that in cities of the fiist grade of the first class the mayor thereof shall appoint three directors, who shall hold their offices, one for one year, one for two years, and one for three years, from the next municipal election, and thereafter one director shall be elected annually for a term of three years, as hereinabove prescribed ; but if a vacancy in the office of any of said appointees shall occur from any cause other than the expiration of his term, the mayor shall ap- point some suitable person to hold the office until the next 17 mentoforer- Beers of tho poor. annual municipal election, when a successor shall be elected to serve for the unexpired term. The directors so appointed, and their successors, shall be paid from the infirmary fund of the cities, aforesaid, the same compensation as was here- tofore allowed such officers in such cities. Each board so appointed shall forthwith enter upon the discharge of its duties, taking full control of the infirmary and providing the necessary officers and employes to properly conduct the same. Section 2173. The council shall provide by ordinance for ^PP^^"*;; the appointment by the mayor, subject to the approval of the council, of such number of persons as may be deemed necessary, not to exceed one in each ward, to act as overseers of the poor, and ^hail prescribe the duties of such persons in relation to the care of the poor, and their removal, when necessary, to the infirmary; but such persons shall not re- ceive any compensation for their services : provided, that in cities of the first grade of the first class the board of infirmary directors may divide such cities into districts, not exceeding six in number, bounded by ward lines, and may appoint one overseer of the poor for each of said districts. Such over- seers shall act under the supervision of said board, and shall each serve such length of -time, not exceeding one year, and each receive such pay, not exceeding six hundred dollars per annum, as said board shall prescribe, and they shall be subject to removal at the pleasure of said board. The said overseers shall have charge of the poor in their respective districts, and shall recommend, in writing, to the board such assistance as they may deem proper, but shall not themselves be allowed to directly furnish the assistance. Said board shall also have, in addition to the powers conferred by law upon all boards of infirmary directors, the p'>wer to appoint a superiatendent, clerk, store-keeper, physician, and matron, and to preecpbe their duties, fix their terms of office and compeneation, and also to remove them at pleasure. Sec. 2. That the original sections 2168, 2170, and 2173, aforesaid, and also original sections 2177, 2178, 2179, and 2180, of chapter 4, division 6, title 12, part first, of said act, entitled '^an act to revise and consolidate the general statutes of Ohio," passed June 20, 1879, be and the said sections are each hereby repealed; and this act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. R G. RICHARDS, President pro tern, of the Senate. Passed February 26, 1880. Repealing certain leo- tions. 18 rSenate Bill No. 60.] AN ACT To amend oection twelve of the revised statates. Section 1. Be it enacted by the Oeneral Aseembly of the State ofOhiOy That section twelve of the act entitled ^*an act to revise and consolidate the general statutes of Ohio," passed June 20, 1879, and took effect January 1, 1880, be so amended as to read as follows : Section 12. In case of a vacancy in any olSSce filled by ^*^f ? *^ appointment of the governor, by and with the advice of the vU^ office— so'^a^^j occurring by expiration of term, or otherwise, when how filled. the senate is in session, the governor shall appoint a person to fill such vacancy, and forthwith report such appointment to the senate; and when the senate is not in session, and no appointment has been made and confirmed, in anticipation of buch vacancy, the governor shall fill the vacancy and re- port the appointment to the next session of the senate ; and if the senate advise and consent to the same, the person so appointed shall hold the office for the fall term ; and if the 0enate do not so advise and consent, a new appointment shall be made. Sbo. 2. That said section twelve be and the same is hereby repealed. Seo. S. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the Haiae of Representaiives. R. G. RICHARDS, PredderU pro tern, of the Senate. Passed February 26, 1880. [Senate Bill No. 56.] AN ACT To designate more briefly tke acts of the general aeseinbly, revised and consolidated. By what title SECTION 1. BeU enacted hythe Oeneral Assembly of the State reyised stat- of Ohio, That the statutes contained in the two volumes pub- dSlr^te^^ lished by H. W. Derby & Co., under the contract with the state of Ohio, in accordance with the provisions of the act of the general assembly, entitled ^' an act to provide for printing and distributing the laws of the present session and the revised statutes in permanent form, and to repeal an act therein named," passed and took effect June 23, 1879, shall, besides the titles of the several statutes in said volume S19 contained, be known and recognized everywhere in the state of Ohio, by the following name and title, to wit : " The Re- vised Statutes of Ohio." Bsc 2. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of R'^prtserUatives. R. G. RICHARDS, President pro tern, of tJie Senate. Pos^ February 26, 1«80. [HonseBUlNo. 196.] AN AOT Making ftppiopriations to meat defideoeiM^ Section 1. Beit enacted by the General Assembly of the State of Ohio, That there be and is hereby appropriated from any money in the treasury to the credit of the general revenue fund, and not otherwise appropriated, the following sums, to meet deficiencies : For the Athens Asylum for the Insane : Current ezpenpes, twenty-four thousand six hundred and four dollars ($ >4,6()4 C^). Salaries, five huudred and twenty-five dollars ($525.00). For the Columbus Asylum for the Insane : Current expenses, fi'teen thousand and seventy-three dol- lars and fifty cents ($15,073 JO). For piyraent of balance to Walworth manufacturing com- pany, for heating apparatus, seven hundred and forty-two dollars and sixty-tLree cents ($742 63). For Dayton Asylum for the Insane : Current expenses, ten thousand dollars ($10,000.00). Salarie?, three hundred and sixty-six dollars and seventy cents ($366.70). For Blind Asylum : Current expenses, six thousand dollars ($6,00000). Salaries for ofiScers and teachers, one thousand six hundred and fifty-four dollars fifty cents ($1,654.50), Furniture and bedding, five hundred dollars ($500.00). For the Asylum for Imbecile Youth :■ Current expenses, five thousand one hundred and ti%elve« dollars eighty-nine cents ($5,112.89>. 20 Salaries of oflScers, three hundred and fifty-two dollars fourteen cents ($352.14). Construction of wings to buildings, four thousand six hun- dred and eighty-eight dollars seventy-nine cents ($4,688.79). Plumbing and gas fixtures, one thousand eight hundred and eighty.four dollars (Sl,8«4 00). Heating new wing of building, four thousand one hundred and twenty-eight dollars ($4,128.00. For QirW Industrial Home : Current expenses, two thousand five hundred dollars ($2,600.00). for Ohio Penitentiary : Salaries of officers, one hundred and eight dollars and twenty -two cents ($108.22). Library, nineteen dollars and forty six cents ($19.16). Manufacture of ga-^, four thousand four hundred and sev- enty-three dollars and eighty-nine cents ($4,473 89;. Balance on new mill and wash-house, ei^ht hundred and thirty-nine dollars and twenty- four cents ($839 24). Balance for building work shops, three thousand eight hun- dred and ninety-nine dollars and fourteen cents ($3,899.14.) Rewards of convicts, one thousand nix hundred and eighty dollars ($l,GhO.OU). For Reform Farm School : Current expenses, fourteen thousand dollars $(14,000.00). Salaries of officers and teachers, three thou^^and one hun- dred and sixty-seven dollars and fifty cents ($3,167.50). Coal-house and boiler fund (deficiency), nine hundred and forty-six dollars and sixty-seven cents ($946.67). for Adjutant- General^ 8 Office: Salary of assistant adjutant-general, one hundred and thirty-seven dollars and fifty cents, to be paid the present incumbent on his salary ($137.50). Salary of the chief clerk, one hundred and thirty-seven dollars and fifty cents ($137 50). Salary of transcribing clerk, ninety-one dollars and sixty- seven cents ($9i.67). Salary of one additional transcribing clerk, ninety-one dollars and sixty seven cents ($91.67). Compensation of police officer, thirty-nine dollars ($39.00). Compensation of superintendent of state arsenal, thirty- seven dollars and fifty cents ($37.50). For balance of water rent for state house to November 1, 1879, one hundred and nine dollars and thirty-five cents ($109 35). Transportation of Ohio national guard to and from camp 21 # in 1879, nine thoupand three hundred and twenty dollars and Bixty-eight cents ($9,320.68). Subsistence of Ohio national guard during encampment of 1879, twelve thousand nine hundred and thirty-two dol- lars and sixty-three centa ($12,932 63). To paying Columbus paving company balance on contract for concrete pavement in state house grounds, four hundred dollars and fifty cents (tlOO.SO). For Longviev) Asylum: For care and treatment of colored insane, twb thousand seven hundred and forty-two dollars and sixty-six cents. ($2,742.66). For the Legislature : For salary and mileage of members of the general assem- bly, and per diem of officers, pa^es, and employfe of the two houses, seven thousand dollars ($7,(X)0 00). Contingent expenses, seven hundred dollars ($700.(X)). I^or Secretary of State : Contingent expenses, one hundred dollars ($100 (XJ). Distribution of laws and journals, four hundred dollars ($400.00). For the payment of volumes thirty-three and thirty -five, Ohio state reports, seventeen hundred and fifty dollars ($1,750.00)). For Toledo House of Refuge and Correction : For support of boys, as per contract, twenty-eight hundred and eighteen dollars and six cents ($2,818.06). For the Lucas County Asylum for the Insane: For the care and treatment of patients, as per contracts, five thousand three hundred and eighteen dollars ana seventy-nine cents ($5,318.79). For Judiciary : Salaries of the supreme, superior, and common pleas judges, fifteen thousand dollars ($15,(XX).(X)). "^ ' For Salaries of State Officers : j Salaries of state officers, thirteen hundred dollars ($1,300.00). For State Library : Shelving and repairs in newspaper room, two hundred dollars ($200.00). 22 Ftr Board of SUUe Charities: Salary of secretary and expenses of board, four hunJred dollars C$400.00). For^Supervisor of PMic Printing: Btate binding, fire thousand dollars ($5,000.00). State printing, three thousand dollars ($3,000.00). Incidental expenses, fifty dollars ($5000). Deaf and dumb printing office, fifty dollars ($50.00). Printing and binding revised statutes, four thousand six hundred and eighty-one dollars and six cents ($4,631.06). For publishing constitutional amendments (to be paid for on the minion scale of measurement, as given to the house in the report of the supervisor of public printing in answer to house" resolution number forty-nine, passed February 3, 1880), thirty thousand dollars ($30,000.00).); Mi8cellan£0ti8 : For contingent expenses of railroad commissioner, eighty ^owkept. property shall be entered in a book kept for that purpose by Record' the clerk of the police department, together with the name thereof to be of the owner, if ascertained, and the name of the place where ^•P*- found,andof the person from whom taken, with all thegeneral circumstances and the date of its receipt, and the name of the officer recovering the same. An inventory of all money or oy:ier property shall be given to the party from whom the l^^^j!^^ ^ same was taken ; and in case the same shall not, withia * ^* thirty days after such arrest and seizure, be claimed by any person or persons, it shall, unless otherwise ordered by the mayor, .be delivered to the person from whom the same was taken, and to no other person, either attorney, agent, factor, or clerk, except by special order of the mayor; and in case said money or property is, within thirty days, claimed by any. other person or persons, it shall be retained by said cus- todian until after the discharge or conviction of the person from whom the same was taken, and so long aa the scime may be required in evidence in any case in court, and if such claimant or claimants shall establish, to the satisfaction of the police judge, that he or they are the rightful owners, Saperin ten- dents and lien ten ants to have sn- per vision over pawn- brokers, eto. Dnty of mayor io re- lation to gaiubling hoabes. Dnty of sn- perintendeat of police as to arrested person By and property seized. • Penalty fbr failnre to cause nnlaw- fnJose of pre- mises to cease. the same shall be restored to him or them ; otherwise it shall be returned to the accused personally, and not to any attorney, agent, factor, or clerk of such accused person, ex- cept upon special order of the mayor, after all liens and claims in favor of the mayor and the city, against tht same shall have first been discharged and satii^fied. Section 19 1 7. The superintendent of police, and the lieu- tentants of police within their districts, shall possess powers of general supervision and inspection over all pawnbrokers, junk shop keepers, cartmen, hackmen, dealers in second hand merchandise, intelligence office keepers, and auctioneers within such city, and in the exercise and in furtherance of said supervi>?ion may, from time to time, detail members of the police force to fulfil such special duties in the aforesaid premises, as may from time to time be ordered by the mayor. Section 1920. Whenever the mayor ascertains, or shall receive satisfactory information that any house, room, or pre- mises within such city, or within four miles of the corporate limits thereof, is being kept or uped as a common gaming house, or common gaming premisep, for therein playing for wagers of money at any game of chance, or if the same is kept or UFed for any lewd or obscene public amusement, or the deposit or sale of lottery tickets or lottery policies, it shall be lawful for the mayor, and it t^hall be his duty, to authorize and direct the superintendent, or any other officer of the police force, to enter such house room, or premises, and forthwith arrest all persons therein found offending against any law, and seize all implements of gaming, lottery tickets and lottery policies, and convey any person or persons so arrested before the judge of the police court, and bring the articles so seized to the c^ffice of the mayor. Section 1921. It s-hall bt? the duty of the superintendent of police to cause such arrested persons to be vigorously pros- ecuted, and such seized articles to be destroyed. And the mayor shall cause the owiif-r of such house, room, or pre- mises, his agent, attorney, or representative, to be notified in writing that »«uch house, room, or premises is being used for an unlawful purpose, and it shall be the duty of such owner, agent, < ttorney, or repres^-ntative to cause the use of such premisf B for such unlawful purpose to cease. Section 1922. If any owner, agent, attorney, or represen- tative neglects or refuse s. or fails 'to use diligence, to Ause the use of the premises for t^uch unlawful purposes to cease, as provided in the preceding section, within a reasonable time, to the satisfaction o: the mayor, he shall, upon conviction thereof, for the first offense be fined not less than fifty dol- lars nor more than two hundred and fifty dollars, and shall be committed until the fine and costs are paid ; and for the second or any subsequent offense he shall, upon conviction, in addition to the fine, be imprisoned in the county jail not less than fifteen days nor more than three months. 3» ScfCtion 1923. Whenever the mayor aseertaind, or AtH Order to receive satisfactory information that theta is any prohibited ?**■• «*™i*>« gaming table, or other gaming device, kept or used in such yioel^' ^ city, the mayor shall have power to issue, and it shall be his duty forthwith to issue a warrant, directed to t «e superinten- dent of police, or some other officer of the police under him, to seise and bring before the mayor such gaming table or other gaming device. The officer charged with the execution of such warrant, shall have power to break open doors for the purpose of executing the same, and for that purpose may have the assistaace ot the whole police force. And it shall be the duty of the mayor, before whom any such prohibited gaming table or gaming device shall be brought, to cause the same to He destroyed, by burning (h* otherwise. Ssc. 2. That section 2141, of chapter one, division six, title twelve, of the revised statutes of Ohio, be so amended as to read as follows : Section 2141. In cities of the perood grade of the first p^n^^ ^jom- class, and cities of the firr^t grade of the second class, there misaioDen in shall be no board of health, but the boards of police com- oertaiD oities missioners thereof shall exercise all the powers, and perform ?**![jj **? all the duties required of the boards of health and mayors health^ in this chapter : provided, that in cities of the first grade of the first class, the officers and appointees now holding ap- pointments from the board of police commissioners of such cities, and performing duties under chapter one, division six, title twelve, of the revised statutes, relating to the health department, shall continue to perlorm the duties of their respective positions and receive their present rate of com- pensation, until the establishment and appointment by the council of a board of health, according to law : provided, further, that said officers and appointees shall not so con- tinue in the performance of Said duties, or the receipt of compensation, lor a period longer than sixty days from the Sassage hereof; and all funds now in the city treasury, or ue or to become due to the city for sanitary purposes, shall be subject to the control of the council, or of the board of health, as council shall prescribe. Sbo. 3. That the council of cities of the first grade of the (^.oonoil to first class shall provide by ordinance for the appointment of provide bj such market- masters and market poUice, and the employ- ordinanoe ment of such force of laborers as may be necessary for the *^'* awwriut- proper control and care of all markets and market houses^ "e^maatow'^" and shall also provide for raising, by taxation, the necessary market po- * funds for defraying the expenses of carrying the provisions Hoe, Ubor- hereof into execution, and for properly conducting and reg- ^^* ^^' ulating the markets and constructing and maintaining the market- houses : provided, that the market-masters, market police, and laborers, now holding appointments and in the employ of the board of police commissioners of such cities, shall continue to perform the duties of their several positions and receive their present rate of oompensatioa, for a period 3 34 of not exceeding sixty days from the passage hereof: pro- a vided, farther, that aU funds now in the city treasury, or p due or to become due to the city for market purposes, shall u be subject to the control of the council, or of such board or officers as the council shall designate. u Sbg. 4. That sections 1870 to 1923. inclusive, excepting sections 1880, 1890, 1915, 1916, 1918, and 1919, of said revised statutes of Ohio, and that section 2141 thereof, be and the same are hereby repealed. Sbc. 5. That this act shall take effect and be in force from and after its passage. TH08. A. COWGILL, Speaker of the House ef Representatives, B. G. RICHARDS, President pro tern, of the SenaU. Passed February 27, 1880. [Senate Bill No. 15.] AN ACT To amend seotion 1€93 roTieed statates. Section 1. Be it enacted by the Chneral Assembly of the Stale of Ohio^ That section sixteen hundred and ninety-.three, re- vised [statutes] of Ohio, be so amended as to read as follows: A -*«..♦! f Section 1693. Ordinances, resolutions, and by-laws sbidl Aaoption of •i'xi.* ja»al *• ordinances, require for their passage or adoption the concurrence of a etc. * majority of all the members elected, except in case of a single vacancy in the members by de .th, resignation or otherwise, and such vacancy, hj neglect or omission of the council or mayor shall not be mled as provided- in section 1713, revised statutes, in which case they shall require a majority of the members qualified to vote thereon until such vacancy be filled according to law, and the vote on their passage or adoption shall be taken by yeas and nays and recorded in the journal ; and no contract, agreement, or obli- gation shall be entered into except by an ordinance or reso- lution of the council, nor any appropriati 35 missioners " in any city to make contracts, or impair the power to contract whenever elsewhere given in this title, or to delegate the power to execute such contracts. Sec. 2. That said original section 1693 be and the same is herebv repealed. Sec. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, Pre.ident pro tern, of the SencUe. Passed February 27, 1880. [Amended Hooee Bill No. 3.] ▲N ACT To amend sections 8d06, 2806, '2S07, 1^228, and 2231 of the reTised statntee of Ohio. Section 1. Be it enacted by the General Assembly of the S\i e of Ohio, That section 2205 of the revised statutes be amended so as to read as follows : Section 2205. In cities of the first grade of the first class, Appoint- there shall be a board of public works composed of five mem- ^^^^ of bers, electors of such city, to be appointed by the mayor l)^*^*^^^^"^" thereof, one for one year, one for two years, one for three '^ ^ years, one for four years, and one for five years from the date of such appointments respectively ; and at each annual mu- nicipal election occurring after one year from the date of said appointments by the mayor, a successor of the member whose term expires shall be elected by the electors of any such city to serve for the term of five years, and the mem- bers shall serve until their successors are elected and quali- fied. Sec 2 That section 2281 of the revised statutes be amended so as to read as follows : Section 2231. The board of public works herein provided g^coeaeor to for shall have all the powers and perform all the duties boaid of city heretofore conferred upon or required of the board of city commiaMon- commissioners by any law now in force, and such board of *"• public works shall be considered in all respects the suc- cessor of said board of city comniissioners which is hereby abolished, and no pending resolution or ordinance heretofore recommended to the common council by the city commis- sioners, or which shall hereafter be recommended by the t>oard of public works and amended in council, shall take effect until approved by said board of public works ;;;^and no resolution or order in which the expenditure of money is involved, ordinance or resolution, or order for the expendi- 36 No ordinaooe or^iesolatioa of ooanoii for the ezpendi- tnre oi mon- ey to take effect natil approved by fi>ar mem- bere of board. How and for what cauee member of board may be removed. YaoaDcieci, etc* BoDdof members of board. Time mem- bers to de- vote to du- ties. Salaries and individaal dntiee. Seotione re- pealed. ture of money, no contract for the payment of money, or foE granting any franchise or creating any right, or for the pur- chase, lease, sale, or the transfer of property which snaU have passed the common council, except such as levying special taxes for the improvement of the streets shall take efifect until approved by four members of the board, and for such final approval every such ordinance, resolution, order or contract shall be submitt'^d to the boird, after being ap- proved by the mayor, or after being recommended apd passed Dv the council^ if dipapproved by the mayor. " Si£C. 3 That section 2228 be so amended as to read as fol- lows: Section 2228 A member of the board may be removed from office for incompetency, inefficiency, neglect of duty, or unfaithfulness of trust, by a vote of two thirds of all the members elected to the board of aldermen of any such city, and any vacancy in the board which occurs otherwise than by the expiration of the term for which a member was ap^ pointed or elected, shall be filled by appointment to be made by the mayor of any such city for the unexpired term to which such member was appointed or elected. Sec. 4 That section 2206 of the revised statutes shall be so amended as to read as follows : [Section 2206.] Each member shall give bond with at least three sureties in the sum of fifty thousand dollars, condi- tioned for the faithful performance of his duties, which sure- ties shall each be required to take an oath that he is worth the amount of the bond above all liabilities, and such bond shall be approved by the mayor and city solicitor. Sec. 5. That section 2207 of the revised statutes be amended to read as follows : [Section 2207.] The members of the board shall devote their entire time and attention to the duties of the office, and shall each receive as compensation a salary of three thousand dollars per annum ; and each member of such board shall personally supervise the cleaning, repairing and im- provement of the streets, alleys, avenues, lanes, public wharves and landings, market houses and spaces, bridges, sewers, drains, ditches, and culverts, in one of the districts into which such city may have been divided. Sec. 6. The title of said chapter two, ot division seven, of title twelve, of the revised statutes is hereby amended to read *' Board of Public Worfes." Sec 7. That sections 2205, 2206, 2207, 2228 and 2231 of the revised statutes be and the same are hereby repealed. Sec 8. This act chall take effect on its passage. THOS. A. COWGILL, Speaker of the House of Rtgpresentativea. R. G. RICHARDS, PreM&rU pro tern, of the Senate^ Passed March S, 1880. J ^7 m ESemte Bill No. HO.} AN ACT ^ 'ameod «eoli«n 4904, okapter too, tHIe •ev«ti of the revised «t«il«t«« of Ohio, reUtiDg to the repair of iiuproyed roade (R. 8., p, 1196.) Section 1. Be it enacted by the Gfeneral Assembly of the State of Ohioy That section four thousand nine hundred and four €if the revised statutes of Ohio be amended so as to read as foUows : Section 4904. The board of turnpike directors shall adopt county oom- re^ulations as to burdens which may be transported over miaaioner to such roads, and prescribe the width of tire on vehicles used fix width of by any persons in transporting heavy loads pver the sancie, ^Se^u^a^ and cause such regulation to be recorded. Such width of tire regalAtobor- shall not be required to exceed five and one-half inches, and aeoa, etc. the county commissioners of each county shall constitute a board of directors for their respective counties, within the meaning of this section, with power to regulate burdens that may be transported over such roads ia their resjpective coun- ties, and fix the width of tire, not exceeding five and one- half inches, of vehicles used in transporting heavy loads over the same ; and upon complaint of any resident free- Penalty for holder of such county, and if, in the opinion of the board, violation of any of such regulations have been violated, said board shall saoh regular prosecute any person or persons who may violate the same *'*^°"* m an action for damaage in the name of the state of Ohio, < for the use of the county ; and said board may also enjoin iiny person or persons who are engaged in the- business of transporting heavy loads over such roads from using any 6uch road in violation of any such regulations, in an action in the name of the state, and the court in any such action may render a judgment against a defendant or defendants for any damages done by him or them in violation of such regulations to such road or roads : provided, that nothing in this act shall be so construed as to apply to any farmer in the removal of any of the product*^ of his farm. Sbc. 2. That said original section 4904 be and the same is hereby repealed. Sbc. 3. This act shall take efiect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of SepresenOaiUves. R G. RICHARDS, President pro tern, of the Senate, Passed March i, 1880. 36 AdditioDal n>ad tax in HAQliltOD coanty. In eertaia oaae vilUge eooneiltoez- eroiM powers of trustees. Labor on poblto bigh- waya. Connty treasurer to receive oer- ti6eateB as money for road tax. Labor or money. [Senate snbstitate for House Bill No. 30.] AN ACT To authorize the trnsteee of the several townships in Hamilton fonnty to levy an additional road tax. Section 1. Beit enacted by the Oenerai AssenMy of the State of Ohio, That in lieu of the taxes authorized to be levied and collected in sections 2829 and 2830 of the revised stat- utes, the trustees of any township in Hamilton county, if they deem an additional road tax necessary, shall determine the percentum to be levied on the taxable property of their township, not to exceed two mills on the dollar, which may be discharged in labor, as hereinafter provided. But where a township shall include an incorporated village, the rate of tax so fixed by said township trustees shall not apply, or be assessed or coUected from the property included within the incorporated limits of such village, but the council of any such village shall exercise the right conferred by this title on the trustees of townships to make such additional levy for road purposes on the taxable property within the corporate limits of any such village, as trustees may, by this title, make for road purposes in their respective tpwnships. Said trustees and council shall certifv the same to the county auditor, in writing, on or before the fifteenth day of May in each year ; the auditor of the county shall assess the same on all the taxable property in said township or village, and the same shall be collected in the December installments. Ssc. 2 Any person charged with a road tax may discharge the same by labor on the public highway, within the proper time, atthe rate of one dollar and fifty cents per day, and a rata- ble allowance per day for any team and implement furnished by any person under the direction of the supervisor of the proper district, who shall give to such person & certificate, specifying the amount of taxes so paid, and the district and township wherein such labor should be and was performed, which certificate shall in no case be given for any greater sum than the tax charged against such person, and the county treasurer shall receive all such certificates as money in the discharge of said road tax : provided, that when the county commissioners so direct, the supervisor shall write on the margin of his list, opposite to the amount charged against all such as may pay the tax, by money or labor, the word ^* paid,'' and shall return his list, on or before the twenty- fifth day of September of the year in which levied, to the township clerk, who shall write on the margin of the list sent by the auditor, opposite to the amounts charged against each person who may have paid the same in labor or money, as shown by the return of the supervisor, the word " paid," and shall forthwith forward the same to the county auditor, who shall charge all such as may remain unpaid, as shown by the returns of the township clerk, upon the tax duplicate of the proper county, and the same shall be collected as other 38 moneys are collected in the December inRtailment by the coanty treasurer. Wben euch road tax ie paid in labor, such labor shall be performed before the first day of October of the year in which levied. All road taxes cq^Iected by the county treasurer from any person shall be paid over to the treasurer of the township or municipal corporation from which they were collected, and shall be expended on the public roads and in building and repairing bridges in the several sub- districts in the township or municipal corporation from which the said taxes were collected and the same taxa- ble property is located, under the direction of the trus- tees of the proper township or council of such munici- pal corporation and supervisors of the several sub districts in each township. All funds heretofore levied for road pur- poses, and not expended, shall revert back, as herein named, to the several sub-districts and villages, and be expended under the direction of the trustees of township and super- visors of the several sub-road districts, or council of mu- nicipal corporation, from which the same was collected, as other taxes collected under the provisions of this title. Sko. 3. This act shall take efiect and be in force from and after its passage TH08. A. COWQILL, Speaker of the Houee 0f Represeniative^. ^ R. G. RICHARDS. Resident pro tern, of the Senate. Passed Maroh 6, 1880. [House BUI No. 1S4.] AN ACT To Amend seotlon 965 of the revised statutea. Section 1. Be it enacted by the Oeneral AseentJbly of the State of Ohio, That section nine hundred and eighty-five (986) of the act passed June 20, 1879, entitled ''an act to revise and consolidate the generid statutes of Ohio," be so amended as to read as follows : Section 985. If a person transports, removes, or brings^ Fenalty for or causes to be transported, removed, or brought, any poor or bringing indigent person into any city, township, or county in this ^to^to^- state, without lawful authority, and there leaves such noor Bhip.oroonD or indigent person, with intent to make such city, townsnip, ty with io- or county chargeable with the support of such pauper, sucli *?^i*® ... Serson so oflfending shall forfeit and pay the sum of fifty 2aOTort7* oUars for every such offense, for the use of the poor of the city or township in which such pauper is left, to be recov* . erea by civil action, in the name of the state, before anj oonrt of competent jurisdiction. ' I 4t0 S£C. .2. That said fiectioo nine hundred and .eighty<^"M- bate court is satisfied that suitable premises can not be ob- tained by contract upon reasonable terms, and no land shall be appropriated upon which there is any d^wellingnhouse, barn« staible, or other farm buildings, or upon which there is Any orchard or nursery, or any valuable mineral or other medicinal spring, ur any well actually yielding oil or salt water ; nor shall any land be appropriated, nor any ceme- tery located, whether it is being eetablished by an association * incorporated for cemetery .purp >see, or by benevolaut or re- ligious societies, within two hundred yards of any dwelling- house, unless the owner of such dweUing-'house give hte ooiasent ; but in cities of the third grade of the -seoottd class, wjtiere the cemetery lies within a municipal corporation, the association may, without such ooni^nt,4appsapna^ f>ropentf withiji one huiodred feet, or the widtii ol' a stseet, ot abj dw^ing house. [72 v. 113, § 5 ; 76 v. 137, § 5.] . Sec 2. That said original section thuee thousand fiore 42 hundred and seventy-three be and the same is hereby re- pealed. 'Sec. 3. This act shall take effect and be in force from and after its passage. THOS A. COWQILL, Speaker of the House of Representativei, R. G. RICHARDS, President pro tern, of the Senate. Passed March 6, 1880. Who ineligi- ble as a can- didate for proeeouting attorney. Trnetees of township may receive donations for township [House Bill No. 26.] AN ACT , To correct sections 1268, 14^1, 2505, 2686, 2864, 3176, 3961, 5048, »i54, 5354, 5515, and 7115 of the revised statates of Ohio. Section 1. Be it enacted by the OenercU Assembly of the State of Ohio, That sections one thousand two hundred and sixty- eight, one thousand four hundred and eighty-one, two thous- and five hundred and five, two thousand six hundred and eighty-six, two thousand eight hundred and sixty four, three thousand one hundred and seveqiysix, three thousand nine hundred and sixty-one, five thousand and forty-eight, five thousand two hundred and fifty- four, five thousand three hundred and fifty-four, five thousand five hundred and fif- teen, and seven thousand one hundred and fifteen of the revised statutes of Ohio, be and the same are hereby amended so as to severally read as follows : Section 1268. No person shall be eligible as a candidate for, or be elected to, the office of prosecuting attorney, who is not an ^attorney and counsellor at law, duly licensed to practice in this state; and no prosecuting attorney shall be a member of the general assembly of this state, or mayor of any city or village; and no county treasurer, county auditor, county recorder, county surveyor, or sheriff, shall be eligible as a candidate for, or elected to, the office of prosecuting attorney. [60 v. 216, § 9.] Section 1481. The trustees may receive, on behalf of the township, any donation, by bequest, devise, or deed of gift, or otherwise, of any property, real or personal, for any town- ship use ; and when the township has real estate which it does not need, the trustees may sell and convey the same, when, at the annual township election, after notice, as pro- vided in section fourteen hundred and seventy-nine, has been given of the submission of the question, a majority of the electors voting at such election have voted ^^sale — ^yes." [63 V. 103, §1; 66 V. 338, §3.] 43 Section 2505. The council of any city or village, may Coanoilof grant permission, by ordinance, to any corporation, indi- Jj^^av^* vidual, or company owning, or having the rignt to construct, gnntexton- any street railroad, to extend their track, subject to the pro- sion of street visions of sections three thousand four hundred and thirty- railroad, seven, three thousand four hundred and thirty- eight, three thousand four hundred and thirty -nine, three thousand four hundred and forty, three thousand four hundred and forty- one, three thousand four hundred and forty-two, and three thousand four hundred and forty-three, on any street or streets where council may deem such extension beneficial to the public; and when any such extension. is made, the charge for carrying passengers on any street railtoad so extended, and its connections made with any other road or roads, by consolidation under existing laws, shall not be increased by reason of such extension or consolidation. ' [66 V. 140, § 1.] Section 2686. When the bonds of the corporation have j^yy ^fter been issued in anticipation of a tax provided for in section to pay boods twenty-six hundred and eighty-three* the same tax may be o*" muniolpal levied to raise means for the payment thereof as is author- o<>fp^™*io"- ized for the purpose for which they were issued. [66 v. 259, §646.] Section 2864. Each county auditor shall cause the list of Delinqnent delinquent lands in his county to be published weekly for land list- two weeks, between the twentieth day of December and the }^**^'*^" third Tuesday in January^in one newspaper in the Euglish "*'^*^- language, and no more, printed and oi general circulation in his county, and also in one newspaper of the German language, if there shall be printed and published a news- paper in the German language and of general circulation therein, and if no paper be printed therein, then in some newspaper in the English language having general circula- tion in his county, to which list there shall be attached a notice that said delinquent lands will be sold by the county treasurer, as provided in section twenty-eight hundred and seventy, which said notice shall be in substance as follows, that is to say : DBLINQU£NT TAX SALE. The lands, lots, and parts of lots returned delinquent by the treasurer of county, together with the taxes and Senalty charged thereon agreeably to law, are contained and escribed in the following list, viz: (here insert the list, with the name or names of the owner or owners of the said respective tracts of land, or town lots, as the same are de- signated on the duplicate) and notice is hereby given that the whole of said sc veral tracts, lots or parts of lots, or so much thereof as may be necessary to pay the taxes and penalty charged thereon, will be sold by the county treasurer at the court house in said county, on the third Tuesday of January next, unless said taxes and penalty be paid before that time, and that the sale will be continued trom day to 44 DemADd and notice in case of non-pay- ment of bondy Dote, etc. Contingent fttnd of Joint snb- school district. When ser- vice by pnb- lication may be made. tkty until lh« said several tracte, lots, and parts of lots, fihall have been sold or offered for sale , County Auditor, Date of notice. [69 V. 169, § 48.] Section 3176. The demand of payment from tbe maker of any such bond or note, or tbe drawee of any sucb bill of excbange or cbeck, on the third day of grace, or upon the day mentioned for payment, as above provided, and notice of non-payment thereof to the indorser of any such instrument, and the drainer of anv such bill or check, within a reasonable time thereafter, shall be adjudged due diligence, unless the indorsement express in writing other conditions ; but if the third day of grace be the first day of tbe week, such demand shall be made on the next preceding business day. [72 v. 62. § 2.] Section 3961. For a joint sub-district the estimate re- quired by section thirty-nine hundred and fifty-eight shall be made by the board of educaftion having control of the school thereof, and apportioned to the several townships having territory therein in proportion to the enumeration of youth in the territory belonging to each; the board shall certify such estimate, so apportioned, to the county auditor, who shall add the portion for each township to the estimate for a contingent fund certified to him by its board of educa- tion, and place ft on the tax list therewith for collection as part of the township estimate ; when the county auditor ap- portions the school funds he shall transfer to the township having control of the school, from the other townships, the amount so assessed and collected, and certify to the clerk and treasurer of each township the amount due the joint sub- district, including state tax, interest on the common school fund, contingent fund, and money received from other sources, which amount shall be paid to the treasurer of the board having control of the school; and such board shall cause to *be kept such accounts as will show the funds received from each township, and the disposition thereof, and transmit to the other board or boards interested, at tbe end of the school year, a statement of such receipts and expenditures. [75 v. «4, § a5.] Section 5048. Servicemay be had by publication in either of the following cases : 1. In actions under the first three sections of the last chapter, when the defendant resides out of the state, or his residence can not be ascertained. 2. In acftions to establish or set aside a will, when a de- fendant resides o^t of the state, or his residence can not be ascertained. 8. In actions in which it is sought by a provisional rem- edy to take, or appropriate in any way, the property of the defendant, when the defendant is a foreign corporation, or a 00 el( SQ u K 01 tl e: K 'd . 8 ii 46 non resident of thia afcaie, or the defeadant's {dace of resi- dence 18 unknown, and in actions against a corporation in- corporated under thie laws of this state, which has failed to elect officers, or to appoint an agent, upon whom service of summons can be made, as provided bj section five thousand and forty four, and which has no place of doing business in this state. 4. In actions which relate to, or the subject of which is, real or personal property in this state, when a defendant has or claims a lien thereon, or an actual or contingent interest therein, or the relief demanded consists wholly or partly in ezcludii^ him from any interest therein, and such defend- ant is a non-resident of the state, or a foreign corporation, or his place of residence can not be ascertained. 5. In actions against ezecutc^rs, administrators, or guar- dians, when the defendatit has given bond as such in this state, but at the time of the commencement of the action is a nonresident of the state, or his place of residence can not be ascertained. 6. In action-^ wnere the defendant, being a resident of this 8t*ate, had departed from the county of his residence, wi tn inten t to delay or defraud his- creditors, or to avoid the service of summons, or keeps himself concealed with like intent. 7. When a defendant in a petition in error has no at- torney of record in this state, and is a non-resident of and absent from the same, or has left the same to avoid the service of summons in error, or so conceals himself that such process can not be served upon him. 8. In an action or proceeding under chapter six, division four, of this title, or to impeach a judgment or order for fraud, or to obtain an order of satisfaction thereof, when a defendant is a non-resident of the state. In any such case, when the resident of a defendant is known, it must be stated in the publication; immediately after the first publication, the party making the service shall deliver to the clerk copies of the publication, with the proper postage, and the clerk shall m til a copy to each de- fendant, directed to his residence named therein, and make an entry thereof on the appear ince docket; and in ail other cases, the party who makes the service, his a^ent or attorney, shall, before the hearing, mjtke and file an affidavit that the residence oi' the defendant is unknown, and can not, with reasonable diligence,' be ascertained. [65 v. 20 i, 1 ; 74 v. 151, § 70.] Section 5254. The punishment for the contempt men- tioned in section fifty-two hundred and fifty-two shall be as fo "^*^^*r follows: When the witness fails to attenjd in obedience to hy^^new the subpoena, the court or officer may fine mm in a sum not and panieh- exceeding fifty dollars; in other cases the court or officer m«nt. may fine the witness in a sum not exceeding fifty nor less than five dollars, or may imprison him in the county jail, there to remain until he submits to be sworn, testifies, or 46 When coart Diay vacate •r modify jiidgiiient ut'rer term. gives his deposition; the fine imposed by the court shall be paid into the county treasury, and that imposed by the officer shall be for the use of the party for whom the witness was subpoenaed; and the witness shall also be liable to the party injured lor any damages occasioned by his failure to attend, or his refusal to be sworn, to testify, or to give his deposition. [51 v. 67, § 324.] Section 5354. A court of common pleas, or a superior or district court, may vacate or modify its own judgment or order, after the term at which the same was made — 1. By granting a new trial for the cause within the time and in the manner provided in section fifty-three hundred and nine. 2. By a new trial granted in proceedings against defend- ants, constructively summoned, as provided in section five thousand and forty-eight. 3. For mistake, neglect, or omission of the clerk, or irreg- ularity in obtaining a judgment or order. 4. For fraud practiced by the successful party in obtain- ing a judgment or order. 5. For erroneous proceedings against an infant, married woman, or person of unsound mind, when the condition of such defendant does not appear in the record, nor the error in the proceedings. 6. For the death of one of the parties before the judgment in the action. 7. For unavoidable casualty or misfortune, preventing the party from prosecuting or defending. 8. For errors in a judgment, shown by an infant in twelve months after arriving at full age, as prescribed in section fifty three hundred and thirty. ' 9. For taking judgments upon warrants of attorney for more than was due the plaintiff, when the defendant was not summoned, or otherwise legally notified of the time and place of taking such judgment. 10. When such judgment or order was obtained, in whole or in a material part, by false testimony on the part of the successful party, or any witness in his behalf, which ordinary prudence could not have anticipated or guarded against, and the guilty party has been convicted. [74 v. 116, 1 634] Section 5516. If money be deposited by the defendant, as provided in section fifty- four hundred and ninety-nine, bail may be given and justified, upon notice, as prescribed in section fifty-five hundred and nve, at any time before judg- ment; and thereupon the court in which the action is brought, on being satisfied that the bail has been given and adjudged sufiicienti shall direct that the money deposited be refunded to the defendant, and it must be refunded accord- ingly. [51 V. 57, § 169.] Section 7115. Whoever, in the presence of a magistrate named in section seventy-one hundred and six, makes an affray, or threatens to beat or kill another, or to commit an 47 offense against the person or property of another, or contends DisturbeMof with hot and angry words, to the disturbance of the peace, JJJI^nJ^of may be ordered, without process, or any other proof, to give magistrate security as provided in section seventy-one nundred and may be com- nine, and in default thereof may be committed as is provided mitted with- in the same section. [66 v. 289, § 12.] ^''^ P'*'*^- Sec. 2. That original sections one thousand two hundred and sixty-eight, one thousand foilr hundred and eighty-one, two thousand five hundred and five, two thousand six hun- Repeals, dred and eighty-,six, two thousand eight hundred and sixty- four, three thousand one hundred and seventy-six, three thousand nine hundred and sixty-one, five thousand and forty -eight, five thousand two hundred and fifty four, five thousand three hundred and fifty- four, five thousand five hun- dred and fifteen, and seven thousand one hundred and fifteen, be atd the same are hereby repealed Sec. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the Houee of RepresentcUives. R. G RICHARDS, President pro tern, of the Senate, Passed March 9, 1880. [House BUI No. 81.] AN ACT To correot section six thonsaod nine handred and serenty-eight of the rerised statutes ofOhio. Section 1. Be it enacted by the Qeneral Assembly of the State ofOhiOj That section six thousand nine hundred and seventy- eight of the revised statutes be so amended as to read as follows : Penalty for Section 6978. A justice of the peace, or other person, who refosai of refuses to deliver up any docket, papers, files, laws, or statutes, i^^ ^ ^•" on demand, by the person entitled thereto, according to law, dodket.^ shall be fined not more than two hundred dollars, or impris- oned not more than six months, or both. [58 v. 27, § l.J Sec 2. That said section number six thousand nine hun- dred and seventy*eight be and the same is hereby repealed. Sec. 3. This act shall be in force from and after its pas- sage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHAJIDS, President pro tern, of the Senate. Passed March 9, 1880. 48 [HoomBIUNo. 47.] AN ACT To amend seotioD- 6454 of tho revised statatee of Ohio. SstTtON 1. Beit enacted by the Oeneral Assembly of the S^te of Ohio, That section six thousand four hundred and fifty- four of chapter nine^ title tw^o, part third, of an act entitled '*an act to revise and consolidate the general statutes of Ohio," passed June 20, 1879, (Revised statutes, 1880, p, 1544), be so amended as to read as follows : Probate Section 6464. The probate court shall have juriFdiction eonrttohave concurrent With the court of common pleas in all misde- ?"^Jd'*ti meanors-in the following counties: Cuyahoga. Lake, Lucae, iu^hat ^°' Montgomery, Erie, Richland, Scioto, Holmes, Meigs, Henry, coantiee. Belmont, Stark, Ottawa, Williams, Allen, Wood. SaL dusky, Carroll, Gallia, Darke, Wyandot, Coshocton, Defiance, Port- age, Clermont, Hocking, Brown, Lorain, Columbiana, Madi- son, Clinton, Shelby, Geauga, Mahoning, Jefferson, Monroe, Hancock, Adams, Highland, Licking, Knox, Miami, Fayette, Perry, Tuscarawas, and Guernsey. Sec. 2. That said original section 6454 be and the 8ame is hereby repealed. Sec. 8. That this act shall take effect and be in force / from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, I^esident pro tern, of th^- Senate, Passed March 9, 1880. Application for.DOw irial, how mads. [House Bill No. 198.] AN ACT To amend section five thousand three hundred aud eight of the revised statutes of Ohio. Section 1. Be it enacted by the General Assembly of the Sfate of Ohio, That section 5308 of the revised statutes of Ohio be so amended as to read as follows : Section 5308. The application must be made by motion, upon written grounds, filed at the time of making the motion ; the causes enumerated in subdivisions two, three, and seven, of section five thousand three hundred and five, must be sustained by affidavits or depositions, showing their truth, and may be controverted by affidavits or depositions, and for this purpose depositions may also be taken in the county where life action is pending. [51 v. 57, § 300 ; 76 v. 99, § 4.] Sec. 2. That said section five thousand three hundred and eight be and the same is hereby repealed. 49 Skc. 3. This act shall take effect and be in force from and after it3 passage. THOS. A. COWGILL, Speaker of the Houee ef Repreaenlaiioeg, R. G. RICHARDS, President pro tem^ ofiktSenaU^ Fteaed March a, 1880. (HooMBUlNo.iad.] AN ACT Makiog appropriAtioiis for the sappori of eoamoo aeliools. Skctioh 1. Beit enaded by ike General Auembl^ of the Stale •/ OhiOy That there be aod is hereby appropriated from any moneys raised or aocming in the state treasury for the support id common schools, one million five hundred and fourteen thousand four hundred and ninety-four dollars and fitiy-five cents ($1,514,494.55), or as much as may come into the treasury for this purpose, to be distributed and paid in the manner provided by law. Skc. 2. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the Hauseot ReprteenUUnee, R. G. RICHARDS, Hreident pro tern, of the SemaU. Passed March 9, 1880. (House BiU No. tl] AN ACr To MBitDA. section nomber 9^ of the rcTised statotes of Ohio. Skction 1. BeU enacUd by the General Jeee§My of the Stale of OhiOf That section number 935, of the revised statutes of Ohio, be amended to read as follows : Section 935. In any county where there now is or here- afler may be established, by private charity, a children's home, the same may be purchased or sustained by the county commissioners ; or, when a fund has been, or, hereafter may be given or suoecribed, to establish a children's home, and the trustee or body to whom the same is made payable is in- capable of accepting the trust, or said donee or trustee shall decline to accept, or desire to transfer such trust, to the com- missioners of tne county, such trust and fund, shall upon the execution and delivery to them of a legal transfer of such fund, vest in the comniissioners of the county, who are authorized, if in their opinion such fund is sufficient thereior, to accept Coaoty com- mifsfoiiera may par- chase or »n^ tain cbilreti'tf homf esttib - lished by pri- ▼ate charity. May accept fands giTen tor each par- 60 rach trust and toeflrtablisbachildren'^home wftTiotit submit tiDg the same to a vote of the people, provide the necessary site and buildings therefor, and enforce by action in their corporate name all subscriptions to said fond, and organ- i2e, govern, and sustain said home in the manner pro- vided for homes authorized by vote of the people f 'provided, that such commissioners in accepting said fund shall noi incur any additional expenditure beyond the same in estab- lishing said home, without first submitting the question of such additional expenditure to a vote of the people of said county 89 provi^d by law. Sbg 2. Said original section 985 is hereby repealled. Sec. 3. This act shall be in force from and »fter its pas' sage. THOS. A. COWGILL, Speaker of ths House of Representatives* R. G. RICHARDS, President pro' term, of the Senate. Passed March 9, 1880. Ezeoative docomenta — number of copies to be printed. E House BiU No. 18. J AN ACT To correct seetion 66 of the revised statu tev. Sbction I. Be it enacted by the OeTteral Assewblp^of the Slate of Ohio, That section sixty-six of the revised statutes, passed June 20, A. D. 1879, entitled ** an act to revise and consoli- date the general statutes of Ohio,'^ be so amended as lo read as follows 'r Section 66. At the same time that the documents men- tioned in section sixty-three and sixty-five are printed in pamphlet form, there shall be printed on the same type^ twenty eight hundred copies of each document named, in a volume or volumes, paged consecutively, with running heads, designating each report, lo be styled "executive docu^ ments,'' to be bound in half law binding f and the supervisor of public printing shall make out an index to be printed at the commencement or close of each volume. There shall be no charge for composition for printing the two thousand eight hundred copies of said " executive documents," except for the index or title page. [72 v. 179, sec. 10 J Sec. 2. That said original section sixty-six be and the same is hereby repealed. Sec. 3. This act shall take effect and be in force from and alter its passage^ THOS. A. COWGILL, Speaker of the House of Revresentatvoee^ R G. RICHARDS, President pro tern, of thie Senate. Passed March 9^, 1880. 61 tfionae BiU Ho. 17.] AN ACT. To oorreet aeotions 2932 and 2933 of the reTiaed sUtoteft. SscTiON 1. Beit enacted by the General AuemJbly ef the State of Ohio, That Bections two thousand nine hundred and thirty-two and two thousand nine hundred and thirty- three of the act passed June 20, A. D. 1879, entitled *' an act to revise and consolidate the general statutes of Ohio," be so amended as to read as follows : Section 2932. Judges of election for each township pre* How Jodges cinct shall be constituted and chosen as follows : ^^S^SSi- First-^In every township in which no person received S^Ji^J2i ' any votes at the preceding spring election for the oflSce of ooostitvted trustee, except those holding the ofBcO) and in every town* and chosen, ship in which the trustees are not all members of the same political party, the trustees shall be judges. Second — In every other township, except townships divided into election precincts, the two trustees who received the highest number of votes at the preceding spring election, or if two of the trustees were appointed, then the trustee elected, and the trustee first appointed, or, if the three trustees were all appointed, then the two first appointed shall, together with the person who was a member of a polit- ical party to which one or both of such trustees did not belong, and who received the highest number of votes for trustee at such election of those voted for and not elected, be the judges. Third— If the trustees, or any of them, received an equal number of votes, or if two or more persons who were mem- bers of a political party to which one or both of the trustees chosen to be judges, as herein provided, did not belong, received at such election an equal number of votes for trustee, and were not elected, the township clerk shall pubiicly determine, by lot, which of such trustees, or i^hich of such other persons, shall act as judges. Fourth — In every township containing more than one election precinct, each trustee shall act as judge in the pre* cinct in which he resides, unless they all reside in the same precinct, when two only can so act therein, and the other trustee shall act as judge in any other precinct ; and addi- tional judges, so that there shall be three judges at each precinct, shall be chosen as provided in section two thousand nine hundred and thirty-five ; and the clerk of every town- ship shall make and preserve a record of the names of all Krsons chosen judges of election in such township, and the tes when chosen. [74 v. 19, § 1.] Section 2933. Judges of election for each ward precinct How Judges of a municipal corporation shall be constituted and chosen of election as follows : ^f "^^ P»: First — If the ward is not divided into precincts, the two tnted'anS" councilmen of the ward, and the elector who was a member choeen. 52 of a political party to which one or both of the councilmen did not belong, who received the highest number of votes for councilman of those voted for and not elected, at the preceding spring election, shall be judges ; but if two or more of such electors not chosen received the same number of votes, the clerk of the corporation shall publicly determine, by lot, which shall be judge of election; judges of election so chosen shall serve as such for one year, and until^their successors are chosen and qualified ; and the clerk shall issue to them a certificate of election as in other cases. Second — In every ward divided into election precincts, except in cities having fifteen thousand or more inhabitants at the preceding census, the two councilmen shall be judges of election in the precincts in which they respectively reside ; and additional judges, so that there shall be three judges at each precinct, shall be chosen as provided in sec- tion two thousand nine hundred and thirty five. Third — In every ward divided into precincts, in cities having fifteen thousand or more inhabitants at the preceding census, the councilmen shall be judges of election in precinct A thereof j such councilmen shall meet at the mayor's- office, on the first Monday of September of each year, at 10 o'clock A.M , and bhall there select and appoint two judges of elec- tion, of opposite politics, for each of the other precincts of such municipal ward, and the electors of the ward so sub- divided shall select a third man to serve as judge of such precinct upon the organization; the persons so appointed shall be electors and residents for at least sixty days in the ward for which they are appointed; the mayor shall forth- with cause notice to be given to each person so appointed, and shall cause a record to be made and kept in his office of such appoimtments, and the persons so appointed shall act as judges of election in their proper preciucts during the period of one year; they shall take the same oath of office, be subject to the same requirements, penalties, liabilities, and disqualifications, and entitled to the same compensation, as other judges of election ; they shall designate and appoint two clerks of election, of opposite politics, who shall take an oath of office, and shall perform all the duties, and be subject to all the liabilities, as other clerks of election ; and if any such judges or clerks fail to attend, at the proper time and place, such judges and clerks, and all additional judges and clerks, shall be chosen by the electors of the ward. [74 V. 19, § 1 ; 75 V. 58, § 12.] S£0. 2. That original sections two thousand nine hun- dred and thirty-two and two thousand nine hundred and thirty-three be and the same are hereby repealed. . 53 Sbc. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL. Speaker of the House of Representatives. R. G. RICHARDS. President pro tem of the Senate. Passed March 9; 1880. [Hoase Bill No. 19 ] AN ACT To amoDd sections 199 and 312 of the revised statutes. Section 1. Be it enacted by the Oeneral Assembly of the State of Ohio, That sections one hundred and twenty-nine and three hundred and twelve, of the act passed June 20, A.D. 1879, entitled •' an act to revise and consolidate th^ tuueral statutes of Ohio," be so amended as to read as foil' «vs : Section 129. Except as otherwise provided by law he jy^^j o{ see shall examine the proof-sheets of all the laws printed after letary of their passage, and prepare [side] notes and indexes thereto; state «• to and shall also make accurate copies of all laws and resolu- {JJjJJi^*"* *^ tions of the general assembly, and deliver the same to the supervisor of public printing ; and he shall cause to be printed at the end of each volume of the laws his certificate that the laws and resolutions, as printed therein, are truly copied from the original rolls in his office. [29 v. 600, § 40.] Section 312. Except as otherwise provided by law, the j. - supervisor of public printing shall examine the proof-sheets p^^aorof of all printing done for the state, and see that they are cor- printing as rect, and that the work is executed in a suitable manner to prool- and pursuant to law ; and he shall prepare indexes for all *^**to ^^ public documents, when necessary. All printing for the e^™* executive departments shall be ordered through the super- visor, and he shall see that the full number of copies ordered is received from the printer aud delivered to the proper de- partment; he shall audit all accounts for printing ana bind- ing, and keep a record of the cost of printing and bindinf^c, the amount of paper used, and the entire expense of each document or item ; and a copy of each document shall be duly filed and preserved by him, with the cost indorsed upon it ; he shall not have any interest in the contracts for print- ing. [61 V. 11, § 17 ; 64 V. 124, § 8 ; 59 v. 86, 24, § 2 ; 76 v. 132, § 2.] Sec. '2. That said original sections one hundred and twenty nine and three hundred and twelve be and the same are hereby repealed. 54 Sec. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Repreeentatives. R. G. RICHARDS, President pro tern, of the Senate. Passed March 9, 1880. [House Bill No. 202 ] AN ACT To aiiiiond an aet sapplementary to sections one and two, of chapter fonr, of an act passed May 11, 1878, entitled an '* act to amend and revise the statutes relating to taxation," to he known as title thirteen, part one, of the act to revise and consolidate the general statutes, passed June 17, 1879. f^»^.CTioN 1. Be it enacted by the General Assembly of the StaJte of u:i''\ That section two (2) of the act to which this is amendatory be so amended as to read as follows : Wh ho rd SectioQ 2. In case said board or boards of equalization of equaliai^ shall reduce tbe valuation of any such lots or lands, as au- tion reduces thorized in section one (1) of the act, it shall be tbe duty of value of the county auditor, upon the application of the owner of to'^iasue're^' ^^^ portion of such lots or lands, desiring to pay the taxes funding " Upon his said lots or lands up'on the tax duplicate of 1878, to order. issue to such owner a refunding order for the difference be- tween the taxes on his said property, appearing on tbe said tax duplicate, and the amount due and unpaid on said prop- erty, when the taxes shall bave been computed on such re- duced valuation, for the several years since and including 1876, during which said property has remained delinquent; and it shall be the further duty of the county auditor to place upon the tax duplicate of 1879, such amount of taxes, upon any such lots or lands remaining delinquent for any or all of the years since and including 1875, as will result from the rates levied for such years upon such reduced valu- ation; and in case any person shall have p^id any taxes levied upon his lots or lands after the same were ad^^anced in valuation, and before the valuation shall have been so re- duced, the county auditor shall, upon tbe presentation of the receipt for such payment, issue to the person making the same, a refunding order for the difference between tbe taxes so paid and the amount of such taxes, if the same had been levied upon such reduced valuation ; and such refunding order, and any part of the amount thereof, to bo used there- on, shall be receivable by the county treasurer in payment of taxes now or hereafter charged against the property of the payee. 66 6bc. 2. The amid original section two (2) is hereby re- pealed. Sbg. 3. This act shAll take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Repreg^niaiwes. E. G. RICHARDS, Preddewt pro tern, of thi SenaU. Passed Karch 9, 1880. {HouseBillNo. &9.i AN ACT To «orreot MctioiM tliree tlMaflaud And eighty-eigiit, foar thoiwand bIk hundred aod seventy four, fonr thousand eigbt handred and fifty, foar thoneand eii^ht handred and eighty-fonr, fonr thoasand eight hnndred and eighty -seven, and foar ifaonsaod eight handred and eighty -eight of the revised « tat ales of Ohio. Section 1. Be it enacted by the General Assembly of the Stats of Ohio, That sections three thousand and eighty-eight, four thousand six hundred and seventy-four, four thousand eight hundred and fifty, four thousand eight hundred and eighty- four, four thousand eight hundred«and eighty-seven, and four thousand eight hundred and eighty-eight of the revised stat- utes of Ohio be so amended as to read as follows : Section 3088. The volunteers temporarily enlisted under volantewn the provisions of section three thousand and eighty-six, temporarily whether attached to existing or formed into new organiza- eoiisted re- ttons, may be retained under such enlistment not longer ***'*®^ JJ°* than thirty days, but shall be discharged as soon as the twf^dam emergency for which they were required has passed; and while in such service they shall be subject to the same dis- cipline and penalties, and receive the same pay, as the regu- lar organieed militia. [63 v. 70. § 49 ] Section 4674. The petition shall be read in open meeting Appoint- of the trustees, and they being satisfied that such proposea ment, and road is necessary, shall appoint three judicious, disinterested ^^^^ ?^ landholders of the township, who shall constitute a jury, and ^^ ^*®^" a surveyor, who shall, after taking the oath rec^uired by sec- tion forty-six hundred and forty-six, take to their assistance two chain carriers and a marker, and proceed, at the time directed by the trustees, or within three days thereafter, to view the ground along which the road is proposed to be es- tablished, and locate the same as near the line named in the petition as a good road can be had at a reasonable expense, and determine, according to the provisions of section forty- six hundred and forty-two, the compensation which shiU be paid to th^ owner of tha land through which it is proposed 56 Cities ADd villa^yefl may aasist in oon- stmotiDi^ iu>- proved road. Genera) tax for repair! D£ improved roads. Poirers and duties of pike superin- tendents. When re- gairs must s made. to establish the same, and the amoant of damage he may sustain. [61 v. 303, § 31.] Section 4860. When any road to be improTed under and by virtue of this chapter begins or terminates in a city or village, the corporate authorities thereof may, upon the recommendation of the county commissioners, if they deem the same expedient, agree to pay in the bonds of such city or village, in the manner and proportions described in sections forty-eight hundred and forty-sixjn addition to any amount that may be assessed upon the real property within such corporation by virtue of the provisions of this chapter, an amount not exceeding one-fifth of the entire cost of the road; but the entire tax to be imposed for road purposes, by virtue of this section, shall not in any year exceed five mills on the dollar of the taxable property in the corporation. [64 v. 80, Section 4884. If the tax and labor provided for in section forty-eight hundred and eighty-one be found insufficient to keep such roads in good repair, the county commissioners shall determine and levy such additional pike repair tax as may be found necessary to keep the same in good repair and condition for public travel, upon all the taxable property of the county, not exceeding one mill on the dollar in any year, which shall be collected as other taxes, and paid by the county treasurer to the various pik^ superintendents in such 6um3 and proportions as the commissioners may direct, they having first determined what proportion of the fund shdll be set apart to the credit of each township ; and the commissioners, in determining the division of the fund, shall be governed not by the miles of pike in each township, but by the necessities of the roads, the convenience of get- ting material, the quality of material necessary to make substantial repairs, etc , and shall make a just and equitable division of the fund between the several townships, to be paid the superintendents on warrants of the auditor. [76 v. 26, § 8.] Section 4887. The superintendent shall keep in repair all culverts necessary for the travel and convenience of such roads; his authority shall extend to the repairing of bridges and culverts^ in all cases wherein the expenditure of money shall not exceed twenty dollars ; he shall have power to con- tract for the necessary material and labor therefor, and cer- tify the same to the commissioners, as provided for in section forty eight hundred ai^d eighty; and all contracts for labor and material employed in the repair of culverts and bridges shall be paid for out of the road fund of the county. [75 v. 26, § 11,] Section 4888. The labor provided for in section forty -eight hundred and eighty-one, together with the repairs otherwise provided for, shall all be applied upon the roads by the first of September each year, but the superintendent, at all sea- sons of the year, shall see that the culverts and bridges are 67 kept in repair, in case of damage to the road by flood or otherwise. [75 v. 26, § 12.] Sec. 2. That said original sections three thousand and sep^ij., eighty-eight, four thousand six hundred and seventy-four, four thousand eight hundred and fifty, four thousand eight hundred and eighty-four, four thousand eight hundred and eighty-seven, and four thousand eight hundred and eighty- eight be and the same are hereby repealed. Sso. 3. This act shall take effect and be in force from and after its passage. THOS.. A. COWGILL, Speaker of th£ House of Representatives, R. G. RICHARDS, President pro tem. of the Senate. Passed March 9, 1880. fHoDseBiUNo. 131.] AN ACT To Amend section foar thousand one hundred and flfty-six (4156) of the revised stattites. Section 1. Be it enacted by the OenercU Assembly of the StaJte of Ohio, That section foar thousand one hundred and fifty -six (4166) of the act passed June 20, 1879, entitled ^' an act to revise and consolidate the general statutes of Ohio," be so amended as to read as follows : Section 4156. A copy of the record of such instrument, What oerti- duly certified by the officer making the same, shall be ad- fied copy of mitted in evidence and*be considered as proof to the extent 't^^i^' ^^ provided in section forty-one hundred and forty-three; and tajeevi^** a copy of such original instrument, or of a copy thereof, filed dence of. as aforesaid, including a statement made in pursuance of the two next preceding sections, certified by tne officer in whose office the same is filed, shall be received in evidence, but only of the fact that such instrument or copy, and such statement, was received and filed according to the indorse- ment of the officer thereon, and of no other fact ; and, in all cases, the original indorsement by the officer upon such in- strument or copy, shall be received in evidence only of the facts stated in such instrument. [75 v. 519, § 3 ; 44 v. 61, § 5.] Sec 2. That said section four thousand one hundred and fifty-six of the above recited act be and the same is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its passage. * THOS. A COWGILL, Speaker of ike House of Representatives. R. G. RICHARDS, President pro tern, of Senate, Passed March 9, 1880. 68 PeoftUy for •elling to be drftnk when fold. [HonseBUlNo. 98.] AN ACT To amend section 6941 of the revised statutes of Ohio. Section 1. Beit enacted by the General Assembly of the State of OhiOj ThAt section six thousand nine hundred and forty- one of the revised statutes of Ohio be amended to read as follows : Section 0941. Whoever sells intoxicating liquor, to be drank in, upon, or about the building or premises where sokly or in any adjoining room, building, or premises, or other place of public resort connected therewitn, or sells intoxi- cating liquors to a minor, except upon the written order of his parent or guardian, or family physician, or to a person intoxicated, or in the |iabit of getting intoxicated, shall be fined not more than one hundred dollars nor less than five dollars, or imprisoned not more than thirty nor less than ten days, or both. Sec. 2. Said section 6941 be and is hereby repealed. Beo. 3, This act -shall be in force from and after its pas- sage. THOS. A. COWGILL, Speaker of House of Jtepresentaiives. R. G. RICHARDS, President pro tem. of Senate, Passed March 9, 1880. Apportion- ment of school fand by connty auditor. [Honse Bill No. 71.] AN ACT To amend section 3964 of the revised statntes, relative to school funds. Section 1. Be it enacted by the Qeneral Assembly of the State of Ohio, That section 3964 of the revised statutes be amended so as to read as follows : Section 3964. Each county auditor shall, annually, im- mediately after his annual settlement with the county treasurer, apportion the school funds for his county; the state common school fund shall be apportioned, in proportion to the enumeration of youth, to districts, sub-districts, and joint sub districts, and fractions of districts and joint sub- districts, within the county ; but if an enumeration of the youth of any district, for any year, has not been taken and returned, such district shall not be entitled to receive any portion of said fund ; the contingent funds collected from the several districts shall be paid to the districts to which they respectively belong; money received from the state on account of interest on the common school fund shall be ap- portioned to the*" school districts and parts of school districts within the territory designated by the auditor of state as 59 entitled thereto, in proportion to the enumeration of youth therein, and all other money in the county treasury for the support of common schools, and not otherwise appropriated by law, shall be apportioned annually in the same manner as the state common school fuod. Sfic. 2. Section 3964 of the revised statutes is hereby re- pealed. Sec. 3. This act shall take effect and be in force from and after its passage, THOS. A. COWGILL, Speaker of House of RepresentcUives. R. G. RICHARDS, President pro tern, of SenaiBs Passed March 9, 1880. [HoaaeBiUNo. 84.] AN ACT To amend section 7245 of the revicied statates of Ohio. Section 1. Be it enacted by the General Assembly of the State of OhiOj That section 7245 of the revised statutes be so amended as to read as follows : Section 7245. After a copy of the indictment has been Court may served, or opportunity had lor receiving the same, as pro- **f!£° ^'S^' vided in the preceding section, the accused shall be brought ^^t prls-' into court, and if he is without counsel, and unable to em- oner, ploy any, the court shall assign him counsel, not exceeding two, who shall have access to the accused at all reasonable hours; but such counsel shall not be a partner of the attor- ney having charge of the prosecution, in the practice of the law, and no partner of the attorney having charge of a prosecution shall be employed by or conduct the defense of any person prosecuted as aforesaicl. &RC, 2. That said original section 7245 be and the same is hereby repealed. Sec. 3. This act shall take effect from and after its pas- sage. THOS. A. COWGILL, Speaker of the House of Representatives^ R. G. RICHARDS, President pro tern, of the Senate^ Passed March 11, 1880. 60 PoTohaser of railroad at Jodicial sale may sell ■ame. Grant to be recorded. Railroad oompaDy, and any nnmber of persons, may become pnr- ohaaers. Pnrbhasers may become incorpora- ted. [Senate Bill No. 66.1 AN ACT Supplementary to the revised statutes of Ohio, title two, chapter one and two, to enable purchasers of railroads at judicial siuee to become incorporated. Section 1. Be it enacted by the General JssemMy of the State of Ohio, That the following sections be enacted as supple- mentary to the above mentioned chapter of the revised stat- utes, with sectional numbering as herein provided : Section 3426a. The purchaser or purchasers of the real and personal property, road-beds, rights of way, fixtures and franchises of any railroad company in the state of Ohio, and situated wholly or in part in this state, that have been or shall hereafter be sold pursuant to judicial order, judgment, or decree, and which sale has been confirmed by the court making the order of sale, may sell the same, or any portion thereof; and the title thereto, with all the rights, liberties, faculties, and franchises shall pass by such sale and vest in the purchaser or purchasers thereof, as fully as [if] the same had been possessed, exercised and enjoyed by such railroad company, and which, passed by said judicial sale; which grant being in the same form as by law required to pass real estate, shall be recorded in the record of deeds of the county or counties in which said real or personal property is situated, and said rights and franchises are or may be ex- ercised. Section 34266. That any railroad company organized or existing under the laws of this state may become the pur- chasers of sueh property, as provided in the first section of this act, and any number of persons may become the pur- chasers of such road, road-beds, rights of way, property, and franchises, as provided herein, either directly at such judi- cial sale or by grant from the purchasers at such sale, whether the same shall have been heretofore or may here- after be made ; and upon filing a copy of said deed or grant in the ofiSce of the secretary of state, with articles of incor- poration executed in accordance with sections 3236 and 3237 of the revised statutes of Ohio, they, and such persons as they may associate with them, not less than five in num- ber, shall become a corporation, with perpetual succession, by such name as they may assume to themselves, with full capacity to maintain and operate such railroads, whether located wholly within this state, or partly within this state and partly within another state or states, and with authority to provide for the purchase price of the railroad and other property so purchased, by the issue of its capital stock, pre- ferred or common, and bonds secured by mortgage or other- wise, bearing interest at a rate not exceeding seven per cent, per annum, and also, by such issue of stock or bonds, to raise the necessary means suitable to improve such railroad 61 property and equipment for the nses and parposes for which it is employed ; and in the operation and maintenance of such railroad, [and] the said corporation shall be entitled to all the rights, and be subject to all the obligations and re- strictions imposed upon railroad companies by the general laws of this state. Sec. 2. This act shall take effect upon its passage. THOS. A. COWGILL, Speaker of the House of RepresenUUioee. R G. RICHARDS, IVegideint pro tem of the Senate* Passed March 11, 1880. [Hon8eBiUNo.290.] AN ACT To amend aeotion 645 of the reviaed statatea. Section 1. Be it enacted by the General Assembly of the State of Ohio, That sectioa six hundred and forty-five be so amended as to read as follows ; Section 645. The board of trustees of each institution shall, annually, after the close of the fiscal year, make to the governor a report of their proceedings during tlie year, ac- companied with a report by the superintendent, and such others employed in the institution as the trustees may deem important, and of the condition, progress, and wants of the institution, together with an exhibit showing the balances of money at last settlement, under e^ich head as appropriated, in the hands of the financial officer, and the amount on hand in the state treasury, and the amount appropriated for each different fund during the fiscal year, with a detailed exhibit of all expenditures, giving the total quantity and total ex- penditure of each item purchased during the fiscal year, under the head of the different funds, and at the close of the fiscal year to show the balance of money in the hands of the financial officer, subject to his draft in the hands of any per- son, and to what fund the balance belongs, and the amount in state treasury, and towhat fund. Saidreport shall alsocontain a full list oi all perdons employed therein, and for what pur- pose's and amount paid to, or terms upon which said persons have been employed during the year, and a complete state- ment of all liabilities, it any, that are unpaia, with the amount of each bill, when incurred, and to whom it is due. Such report shall further contain a summary statement of all contracts entered into during the year, the names of ail persons interested in such contracts; and should there be any donations or bequests, to show the amount received, amount expended, if any, with the balance on hand. And on the 15th day of February of each and every year, they Annnal port of triw tM8 of be- nevolent in* stitniion& 62 shall submit to the general assembly an exhibit of the bal ance of money in the hands of their financial of&cer, and to What fund said balance belongs; and the amoant in the state treasury, under the several difierent funds, with a de^ tailed statement of all outstanding warrants issued, with all other liabilities^ if any, that are unpaid, with the amount of each bill, when incurred, and for what purpose, and to whom it is due. Sec. 2. That original section 645 be and the same is here- by repealed. Sec. 8. This act shall take effect from and after its passage. THOS. A. COWGILL, Speaker of the House of Representativea. R. G. RICHARDS, PreeideTit pro tern, of the Senate* Passed March 16, 1880. CotlDOil of Gallipolis aathoriced to porohaae gTonnds for tftUroad do- pot. [House BiU No. 955.] AN ACT To authorize certain cities to purchase certain real estate for railway pur* poses, and to issue bonds therefor, and to authorise additional taxation to meet the interest and principal of said bonds. Section 1. Beit enacted by the General Asiembly of the Staie of Ohio, That the council of any municipal corporation which hy the last federal census had, and those which hereafter on the first day of June in any year as ascertained by any fed- eral census may have, a population of three thousand seven hundred and eleven is hereby authorized to purchase and hold for the purpose of a railroad depot, right of way, and other purposes connected with operating a railway in said city, any lots or pieces of land within the corporate limits of said city, together with any buildings thereon, and to pay for the same any sum not exceeding twelve thousand dollars. Sec 2. That any such city council, to provide the money for the payment of real estate so purchased, is hereby author- ized to issue the bonds of said city, payable in twenty years^ or less, bearing interest at the rate of six per cent., payable semi-annually, and to provide for the payment of said bonds and the interest thereon, as herein provided. Sec. 3. That any such city is hereby authorized and re- quired, for the purpose of paying the interest and principal of said bonds, to levy on the taxable property of said city, annually, a tax not exceeding one mill on the dollar of such taxable property, in addition to the tax authorized by law to be levied by such city ; and said tax so levied shall be ap- plied to no other purpose than the payment of the interest and principal of said bonds ; provided, that if more money 69 sfiall be raisecl In any one yeaf than iereqaired to pay the amount due on said bonds K>r that year, the balance shall be set aside and constitute a sinking fund, to be applied to the payment of the principal of said bonds, whenever the amount of said fund shall equal the sum due on one or more of said bonds. Sbc. 4. That sach city council is hereby authorized to grant or lease the property so purchased, or part thereof, to one or more railway companies, for depot, right of way, of other purposes, in connection with railway uses, upon such terms and conditions as may be agreed upon between such city council and such company or companies. Sbc. 5. That before such purchase is made, bonds issued, or any of the powers herein conferred shall be exercised, such city council shall submit the question of the exercise of such powers to the qualified electors of such city, at any general^ or a special election to be called by said city council, by publishing the same in two of the papers published in said city, at least ten days before the day of such election^ calling attention to the time and place at which said election will l^ held, and the object and purpose thereof. The bal- lots to be voted at such election shall have written or printed thereon the words, "Bailwav depot— yes;'' "Railway de- pot—no." That the poll-book and tally-sheets of such elec- tion shall be forthwith, after the close of said election, re- turned to the clerk of such city, and the said city council shall, at its next regular meeting thereafter, provide for the canvassing of said returns, and shall cause the results to be entered upon the journal of said council and proceedings of that meeting > and if it shall appear that a maiority of the electors, voting at said election, have not voted in favor of said proposition, said city council shall not exercise any of the powers in this act conferred and authorized. 9ec. &. This act shall take effect and be in force from and after its passage^ TH08. A. COWGILL, Speaker of the House of RepresmtaJtivee, B. G. RICHARDS, PreMffiU protem. of the Senate, Passed March 1&, 1880. a*bJ>.«AiMk*__^-aki^dM*i^ [Honae Bill No. 33(5.} AN ACT To amend seotlon SSTL? of the revised Btotates of Ohio, SxoTioN 1. Be it enacted by the Cfeneral Aseembiy of the Stats of Ohio, That section 3917 of the revised statutes be so amended as to read as follows : Section 3917. The elerk of each sub-district^ or if a town^ 64 Notiioe and ship is not divided into sub-districts, the clerk of the town^ »nd condnot ship, shall post written or printed notices in three or more oC election conspicaous pliices in his sub-district or township, as the ISid^pSBUi^* case majr be, at least six days prior to the day of election, Mcdooidis- designating the day and hour of opening, and the hour of trt«b3. closing the election; the election shall be held at the ususd place of holding school meetings in the sub-district, or town-^ ship district which is not divided into sub-districts; the meeting shall be organized by appointing a chairman and a secretary, who shall act as judges of the election ; and the secretary shall keep a poU^book and tally-sheet, which shsU be signed by the judges and delivered within eight days to the clerk of the township. Sec. 2. Said original section 3817 be and the same is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, President pro tern, of the Senaie. Passed March 16, 1880. House Bill No. 294« AN ACT To amend Bection six thoasand nine handred and forty-flve of the revised statutes of the state of Ohio of l^aO. Section 1. Be it eTuicted by the General Assembly of the State of Ohioy That section 6945 of the revised statutes of the state of Ohio of 1880, be amended so as to read as follows : IPenalty for Section 6945. Whoever sells^ or exposes for sale, gives, selling in- barters, or in any other way diBpo;:e8 of any spirituous or toxicatlng other liquors, or in any articles of traiSSc whatsoever, at any !!??i!!! !!»n*I place at or within the distance of four miles from the place m lonr nines ^, ... .. ,, - i»i of religions where any religious society or assemblage of people is col- Meetings. lected or collecting together for religious worship, or for the purpose of holding a harvest home festival, shall be fined not more than one hundred nor less than ten dollars. This section does not extend to tavern keepers exercising their calling, or distillers, manufacturers, or other persons prose- cuting their regular trades at their places of business, nor to any person disposing of any ordinary article of provi- sions, except spirituous liquors, at his residence, nor to any person having a permit trom the trustees or managers of any such religious society or assemblage to sell provisions for the supply of persons attending such religious worship or festival, their horses or cattle, and who is observing the regulations of such society or assemblage and the laws of the state. 60 Sec. 2. Said original section six thousand nine hundred and forty-five of the revised statutes is hereby repealed. Sec. 8. This act shall take effect on its passage. THOS. A. COWGILL,^ Speaker of the House of Representatives. R. G. RICHARDS, PreeiderU pro tern, of the Senate. Passed March 16, 1880. House BUI No. 310. AN ACT To cover certain money into the treasary. Section 1. Be it enacted by the Oeneral Assembly of the State of Ohio^ That the thirty-two thousand five hundred and fifteen dollars appropriated for current expenses of Longview Asylum, in the act entitled '' an act making partial appro- priations for the fiscal jrear ending November 15, A.D. 1§79, for the several public institutions therein named," passed January 25, 1879, be and the same is hereby covered into the state treasury. S£c. 2. This act shall take effect on its passage. THOS. A. COWGILL, Speaker of the House of RepresentaHws. R. G. RICHARDS, President pro tern, of the Senate. Passed March 16, 1880. [Honae Bill No. 74.] AN ACT To amend sections number 4877 and 4889 of the revised statates of Ohio. Section 1. Be it enacted by the Cteneral Assembly of the State of OhiOy That sections 4877 and 4889 of the revised statutes of Ohio be amended to read as follows : Section 4877. Each township in the county of Shelby, for Each town- the purpose of keeping in repair so much of such roads as ship in Shel- may.be therein, is hereby constituted a road district and ^^.5??^.^ placed under the care and supervision of a superintendent, ^lij^or ro^ now in office or hereafter elected, as herein provided. pair of im- Section 4889. Sach township in the counties of Belmont, proved Carroll, Clarke, Clermont, Columbiana, Cuyahoga, Darke, «>*ds. Delaware, Erie, Fayette, FrankliiL Geauga, Green, Hamilton, In oertain Henry, Huron, Licking, Logan, Lucas, Madison, Montgom- ^*^j^^" ery, Muskingum, Ottowa, Paulaing, Pickaway, Pike, Preble, township a Boss, Stark, Summit, Trumbull, Tuscarawas, Vinton, Wash- road district, ington, and Wa^ne, in which any such free road is located, is made a road district, for the care and maintainance thereof. 66 Somerset to WD skip BelmoDt oouDty aa- thorized to build a rail- road. Sec. 2. That sections 4877 and 4889 of the revised statutes of Ohio be and the same are hereby repealed. Sko. 8. This act shall take efiect and be in force from and after its passage THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS. President pro tern, of the Senate. Passed March 18, 1880. [Honee Bill No. 245.] AN ACT To aathorize oertain townahipa to build railroads, and to lease or operate the same. Section 1. Be it enacted by the Oeneral Assembly of the State of Ohio, That whenever in anv township, which by the federal census of 1870 had, and which by any subsequent federal census may have, a population of two thousand and forty-two, the township trustees thereof shall, by a resolu- tion passed by a majority of the members elected thereto, declare it to be essential to the interest of such township that a line of railway, to be named in said resolution, should be provided between termini designated therein in said township, not exceeding seven miles in length, it shall be lawful for a board of trustees appointed as herein provided, and they are hereby authorized to borrow as a fund for that purpose, not to exceed the sum of twenty thousand dollars, and to issue bonds therefor, in the name of said township, bearing interest at a rate not exceed- ing six per centum per annum, payable semi-annualiyy said bonas to be payable at such time and places, and in such sums as shall be deemed best by said board. Said bonds shall be signed and sealed by the president of said board, and attested by the clerk of such township, who shall keep a register of the same, and they shall be secured by a mort- gage on the line of railway and by the pledge of the faith of such township, and a tax which it shall be the duty of the trustees thereof, annually, to levy (which tax shall not exceed three mills on the dollar in any one year), to pay the interest and provide a sinking fund for the final redemption of said bonds : provided, that such township shall not in any one year levy taxes to a greater amount than seventeen mills on the dollar, including the levy for said bonds: and, pro- vided, that no money shall be borrowed on bonds issued until after the question of providing the line of railway specifiea in said resolution shall be submitted to a vote of the qualified electors of such township, at a special election to be ordered by the township trustees thereof, of which not less than twenty days* notice shall be given by posting up notices at not less than five of the most public places in each of the 67 villages in Buch township, and by publishing, for three suc- cessive weeks, such notice in a newspaper, printed in the county wherein such township is located and of general cir- culation in such township : further provided, a majority of said electors, voting at sucn election, shall decide in favor of such line of railway. The returns of said election shall be made to the clerk of said township, and by him laid before the township trustees, who shall declare the result by resolu- tion. The tonds issued under the authority of this section shall not be sold or disposed of for less than their par value. Sec. 2. If a majority of the votes cast at said election shall be in favor of providing the line ot railway, as sp^ cified in the first section, it shall be the duty of the township clerk, forthwith, to file a petition in the court of common pleas of the county in which such township is located, pray- ing that the judge thereof will appoint nve trustees, who shall be electors and freeholders of said township, to be called the trustees of railway (the blank to be filled with the name of the railway, as given in the resolution), and it shall be the duty of said judge to make the appointment, and enter the same upon the minutes or journal of the court. They shall enter into bond to the township in such sum as the court may direct, with one or more sufhcient sureties to be approved by the. court, conditioned lor the faithful dis- charge of their duties. The bond t^o taken shall be deposited with the townshii) treasurer for safe keeping. Sbg. 3. The said board of trustees and their successors shall be the trustees of said fund, and shall have the control and disbursement of the same. They shall expend said fund in procuring the right to construct, and in construct- ing a railway, with all the proper appendages, and, it deemed necessary, a line of telegraph between the termini specified in said resolution, and, lor the purpose aioresaid, shall have the power and capacity to make contracts, appoint, employ, and pay officers and agents, and to acquire, hold, and possess all the necessary real and personal property and franchises. They shall also have power to receive donations of land, money, bonds, and other personal property, and to dispose of the same in aid of said tund. Sec. 4. The said trustees shall form a board, and shall choose one of their number president, who shall also be the acting trustee, with such powers as the board may, by reso- lution, from time to time, confer upon him. A majority of said trustees shall constitute a quorum, and shall hold regu- lar meetings for the transaction of business, at their regular office in the township under whose action they are appointed, but they may adjourn, from time to time, to meet at any place they may think proper. They shall keep a recoid of their proceedings, and cause to be kept a full and accurate account of their disbursements, and make a report of the same to the township clerk whenever requested so to do by a resolution of the township trustees. No money shall be 68 drawn from said fund but upon the order of said board, ex- cept their own compensation, which shall be paid out of the same upon the recommendation of the township trustees, by resolution duly adopted, and allowed by the court appoint- ing them. 8eo. 5. Said trustees shall have power to take such secu- rity from any officer, agent, or contractor chosen, or ap- pointed, or employed by them, as they shall deem advisable. They shall not become surety for any such officer, agent, or contractor, or be interested, directly or indirectly, in any contract concerning said railway. They shall be responsible only for their own acts. Sec. 6. Whenever the township trustees, or any one of them, of any township under whose action a board of trus- tees has been appointed, as herein provided, shall have rea- son to believe that any one of the latter has failed in the faithful performance of his trust, it shall be the duty of such township trustejs to apply to the court that appointed said board of trustees, by petition, praying that one be removed and another be appointed in his place ; and if the said town- ship trustees shall fail to make application after request of any of the holders of the bonds issued by said board of trus- tees, or by a tax-payer of such township, such bondholder or tax payer miy file a petition in his own name, on the behalf of the holders of such bonds, for like relief, in any court hav- ing jurisdiction ; and if the court hearing the action shall adjudge in favor of the plaintiff, such court shall remove such trustee and appoint another in his stead ; and when a vacancy shall occur in said board from any other cause, it shall be filled upon like petition and in like manner. Sec. 7. Whenever, in the construction of a line of rail- way, as herein provided, it shall be necessary to appropriate land for the foundation of the abutments or pier of any bridge across any stream, or for any other purpose, or to ap- propriate any rights or franchises, proceedings shall be com- menced and conducted in accordance with the laws in force at the time for the appropriation of such private property for the use of corporations, except that the oath and verdict of the jury and judgment of the court shall be varied to suit the case. Sec. 8. Whenever there shall be, between the termini designated in an^ resolution passed under this act, a rail- road already partially constructed, or rights of way acquired therefor, which can be adopted as part of the line provided for in said resolution, the trustees of said line may purchase or lease the said railroad, or right of way, and pay for the same out of the trust fund. Sec. 9. Whenever, in the construction of a line of rail- way, as herein provided, the said board of trustees shall find it necessary to use or occupy any street, alley, or other pub- lic way, space, or ground, or any part thereof, of any incor- porated village in said township, proceedings shall be com- 69 menced and condacted in accordance with the laws in force at the time for the appropiation of such rights or easements by street railway corporations, except that the oath and ver- dict of the jury and the judgment of the court shall be so varied as to suit the case. Sec. 10. On the final completion of any line of railway, constructed under the provisions of this act, the board of trustees shall have power to lease the same to any person, or Sersons, or company, as will conform to the terms and con- itions which shall be fixed and provided by the trustees of the township by which the line of railway is owned. Sec. 11. That the trustees of any township described in this act may, after trustees have been appointed, as provided in this act, advance to said trustees, out of any funds of said township, such sum as is necessary, not exceeding five hun- dred dollars, for carrying the object for which they were ap- pointed into effect, and said sum shall be repaid out of the trust fund provided for in this act, when raised. Sec. 12. Deeds and contracts may be made, and proceed- ings for appropriations and actions may be commenced, either in the name of such township providing the line of railway, or in the name of the trustees of railway (filling the blank with the name given to the railway in the resolution), and said proceedings may be commenced and conducted, either in the court of common pleas or probate court, as in cases of appropriation for the use of municipal corporations. Sec. 13. This act shall take effect and be in force from and after its passage. THOS A COWGILL, Speaker of the House of RepreserUcUivea. R. G. RICHARDS, President pro tern, of the Senate. Passed March 18, 1880. [House BiU No. 304.] AN ACT Supplementary to chapter two, diviBion six, title one, part three, of the revised statutes, relating to proceedings in error on attachment. Section 1. Be U enacted by the General Assembly of the SUde of Ohio, That the -following sections be enacted as supple- ^f^^ affect- mentarj to the above mentioned chapter of the revised stat- diso^argiM ntes, with sectional numbering, as herein provided : attachment Section 5663a. A party to a suit affected by an order dis- may die peti- charging or refusing to discharge an order of attachment, J**'^ ^° ®"^*' may file a petition in error to reverse, vacate, or modifv the oateroirniid. same, as in other cases; and the original action- shall pro- ify same. 70 Court to fix time within which peti- tion in error may be filed. Petition to giye bond. Administra- tor or ezeca- tor may file petition. Defining Babdivisions of ninth jadicial dis- rict. ceed to trial and judgment in every respect, as though no petition in error had been prosecuted. [64 v. 26, §§ 1, 4.] Section 55636. When an order discharging an order of attachment is made, and a party a£fected thereby excepts thereto, the court or judge shall fix the number of days, not to exceed thirty, in which such party may file his petition in error, and during which it shall be filed, and the attached property held by the fiheriff or other officer ; the party who files the petition in error shall give an undertaking to the adverse party, with surety to be approved by the clerk of the district court, in double the amount of the appraisea value of the property attached, conditioned to pay such ad- verse party all damages sustained by him in consequence of the filing of the same, in the event of the discharge of the order of attachment by the court in which the petition in error is filed, because the same was wrongfully obtained; and when such petition in error is filed, and an undertaking given, the sheriff, or other officer, shall continue to hold the property attached, subject to the further order of the court. [58 V. 14, § 2.1 Section 5563c. If a party who excepts to an order dis- charging or refusing to discharge an order of attachment die within the time limited for filing his petition in error, the administrator or executor of such deceased party may, at any time within ttiirty days after his appointment and qualin- cation, file his petition in error, and thereby become a party to the action, and shall not be required to give the under- taking required by the preceding section ; but no such peti- tion in error shall be filed by an executor or administrator after one year from the time such order is made. [54 v. 26, § 8 ] Sec. 2. This act bhall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representativea. R. G. RICHARDS, Pre.idefU pro tern, of the Senate. Passed March 18, 1880. [Senate fiiU No. 5] AN ACT To consolidate the first and fourth subdivisions of the ninth jndioial dis- trict and to provide Judges bhejefor. Section 1. Be it encuied by the Oeneral Assembly of the State of Ohio, That sections 7982 and 7983 of the revised statutes of Ohio be so amended as to read as follows : Section 7982. That the counties of Stark, Carroll, and Columbiana shall hereafter constitute the first subdivision of the ninth judicial district of the State of Ohio. The counties of Trumbull, Portage, and Mahoning shall constitute 71 the second subdivieion, and the counties of Geauga, Lake, and Ashtabula shall constitute the third subdivision of said district, and together these counties shall compose and form said ninth judicial district. Section 7983. That the judges of common pleas heretofore Jadges to elected and holding o£Sce in the territory comprising the serve oat several subdivisions of the said judicial district shall serve ;l*«ir t«™9 out their judicial terms therein, and be judges of said several g^^^g j^^^ ' subdivif^ions as hereby formed, and at the election of which elect- state officers next preceding the expiration of their said ed. terms respectively, and each and every five years thereafter, their successors in office shall be elected by the electors of said several subdivisions respectively, so that there shall e« continue to be two judges in said first subdivision, two in Two jadg the second subdivision, and two in the third subdivision; L"^^"*^ but nothing herein shall be so construed as to interfere with ^^^^^ the holding of the terms of court in either of the said coun- ties, as the same are now fixed for the year 1880. Sec. 2. That sections 7982, 7988, 7984, 7985, and 7986 be and the same are hereby repealed. Sec. 8. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of ReprrqentaUvee, R G. RICHARDd, President pro tern, of the Senate. Passed March 19, 1880. [Senate BiU No. 22.] AN ACT To amend aection 5340, chapter flve, revised statatee. Section 1. Be it enacted by the General Assembly of the State of Ohio, That section 6340 of the revised statutes be so amended as to read as follows: Section 5340. The plaintiff, if a non-resident of the county when plaio- in which the action is brought, or a partnership suing by il s tiff most give company name, or a corporation when iuEolvent, must fur- weurity lor nish sufficient security for costs; the surety must be a resi- ~*^- dent of the county and approved by the clerk, and his obli- gation shall be complete by indorsing the summons, or signing his name on the petition as surety for costs. He shall be bound for the payment of all costs which may be adjudged against the plaintiff in the court in which the action is brought, or in any other court to which it may be carried ; and for all costs which may be taxed against the Elaintiff in such action, whether he obtain judgment or not ; ut the plaintiff may deposit with the clerk of the court such sum of money, as security for costs in the case, as, in the opinion of the clerk, will be sufficient for the purpose; 72 and the court may, on motion of the defendant, and if satis- fied that such deposit is not sufficient, require the same to be increased, or personal security to be given. Seo. 2. That said original section 6340 be and the same is hereby repealed. Sec. 3. This act shall take effect from its passage. THOS. A. COWGILL, Speaker of the House of RepreaerUctUvee. R. G. RICHARDS. PrestderU pro tern, of the Senaie. Passed March 19, 1880. Plaas, draw- ings, etc., of publio bnild- ings, by whom to be approved. [Senate Bill No. 57.] AN ACT To amend section 797 of the revised statutes. Section 1. Be it enacted by the General Assembly of the State of Ohioj That section seven hundred and ninety-seven of the revised statutes of the state of Ohio be .and the same is hereby amended to read as follows : Section 797. Such plans, drawings, representations, bills of material, and specification of work, and estimates of the cost thereof, in detail and in the aggregate, as are required in the two preceding sections of this chapter to be made, if they relate to the building of any court-house or jail, or any addition thereto, alteration, or repair or improvement thereof, shall be submitted to the commissioners, together with the clerk of the court, the sheriff, probate judge, and one person to be appointed by the judge of the court of common pleas for their approval; and if approved by them, or a majority of them, a copy thereof shall be deposited with the county auditor to be safely kept in his office ; and if the said plans, drawings, representations, bills of material, specifications of work and estimates relate to the building, addition to, or alteration of an infirmary, then the same shall be submitted to said commissioners and infirmary directors, and if ap- proved by them or a majority of them, a copy thereof shall, m like manner, be deposited in the office of the auditor, and safely kept for the inspection and use of parties interested ; and if said plans, drawings, representations, bills of material, specifications of work and estimates relate to the building of a bridge, then the same shall be submitted to said commis- sioners, county auditor and county surveyor, and if approved by a majority of them, a copy thereof shall, in like manner, be deposited with the county auditor, and be kept for the purpose hereinbefore stated. Sbc. 2. That the original section seven hundred and ninety-seven be and the same is hereby repealed. 73 Sbc. 3. This act to take effect and be in force from and after its passage. tHOS. A. COWGILL, Speaker of the House of RepreserUcUivee. R. G. RICHARDS, President pro tern, of the Senate, Passed March 19, 1880. [Senate BiU No. 65 ] AN ACT . To amend sections twenty-eight hundred and thirteen (2813), twenty- eight hnndred and fifteen (S3l5), and twenty-eight hundred and seven- teen (2817), of the revised statutes of 1880. Section 1. Beit enacted by the General Assembly of the State of OhiOf That sections twenty eight hundred and thirteen (2813), twenty-eight hundred and fifteen (2815). and twenty- eight hundred and seventeen (2817), be amended so as to read as follows : SecMon 2813. The auditor, surveyor^ and commissioners How oonnty of such county shall compose the county board of equaliza- hoard of tion of the real property within the county, except that equalization within any city of the first or second class ; and they shall J^I^^eanda- convene at the office of the county auditor on the second tion ; time of Monday of August, one thousand eight hundred and eighty, meeting, and every tenth year thereafter ; and each shall be sworn, faithfully and impartially, to equalize the value of real estate within the county that is within their jurisdiction, accord- ing to law ; any three of them shall form a quorum, and the auditor shall keep a full and accurate record of the proceed- ings and orders of the board. [65 v. 166, § 39.1 Section 2815. In each city of the first ana second class qh^ board, there shall be a decennial board for the equalization of the how consti- yalue of the real property within such city, to be composed toted and of the county auditor and six citizens of such city, appointed o^gw^i*®^ by the council thereof; they shall convene at the ottice of the county auditor on the third Monday of September, in the year one thousand eight hundred ana eighty, and every tenth year thereafter, and they shall severally take the same oath as that prescribed for members of the decennial county board ; and a record of their proceedings and ordeils shall be kept bjr the auditor. [65 v. 166, § 40.] Section 2817. Each county auditor shall, on or before the County and- fixst Monday of November, one thousand eight hundred and itor to make eighty, and every tenth year thereafter, make out and trans- ft^*»o* of mit to the auditor of state an abstract of the real property of JJ^,^"*^ each township in his county, in which he shall set forth : First — The number of acres, exclusive of town lots, re- turned by the several assessors of his county, with such ad- ditions as shall have been made thereto. 74 Second — ^Tho aggregate value of such real property, other than town lots, as returned by the several assessors of his county, inclusive of such additions as shall have been made thereto under the provisions of this title. Third — The aggregate value of the real property in each township of his county, as returned by the several assessors, with such additions as shall have been made thereto. [65 V. 166, § 41 ; 8. & S. 751.] Sbc. 2. That tbe above recited original sections be and the same are hereby repealed. Sec. 3. This act shall take effect and be in force on and after its passage. THOS. A. COWGILL, Speaker of the Home of RepreeerUaUvee. R. G. RICHARDS, I^edderU pro tern, of the Senate. Passed March 19, 1880. General UcenBing powers of eitv or village. [Senate Bill No. 71.] AN ACT To amend secllon 2669, chapter 15, diyieion 8, title 12 of an act entitled ** an act to reyiee and coneolioate the general etatntee of Ohio," paaeed Jane 20, 1879 (yoL 1, p. 691.) Section 1. Be it enacted by the General AseevrMy of the State of OMoj That section twenty-six hundred and sixty-nine, chapter fifteen, division eight, title twelve of an act entitled *^an act to revise and consolidate the general statutes of Ohio," passed June 20, 1879, be so amended as to read as fol- lows: Section 2669. The council of any city or village may pro- vide by ordinance for licensing all exhibitors of shows, or performances of any kind not prohibited by law, hawkers, Eeddlers, auctioneers of horses and other animals on the ighways or public grounds of the corporation, venders of gunpow40r and other explosives, taverns and houses of pub- lic entertainment, and hucksters in the public streets or markets, and, in granting such license, may exact and re- ceive such sum of money as it may think expedient : pro- vided, that in cities and villages the council may confer upon, vest in, and delegate to the mayor of such city or vil- lage the authoritv to grant and issue licenses and revoke the same : provided mrther, that nothing herein contained shall be construed to limit the power conferred upon cities and villages in section 1692 of said revised statutes. Sbo. 2. Said original section 2669 is hereby repealed, and 75 this act shall take effect and be in force from and after its passage. THOS. A- COWGILL, Speaker of the House of Representativee. R. G. RICHARDS, President pro tern, of the Senate. Passed March 19, 1880. rSenate BiU No. 95.] AN ACT To amend section 670 of the revised statutes of 1880. Section 1. Be U enacted by the Oeneral Assembly of the ^ate of OhiOj That section six hundred and seventy of the revised statutes be so amended as to read as follows : Section 670. Compensation shall be paid the following Compensa- named officers and employes, at not exceeding the sums tionofem- herein stated: To the matron, four hundred dollars per JStJ^^onfor year ; to the assistant matrons, three hundred dollars each the hlind. per year ; the housekeeper, three hundred dollars per year ; the principal teacher in the literary department, seven hun- dred dollars per year ; all other teachers in the literary de- partment, four hundred and fifty dollars each per year ; the professor of music, one thousand dollars per year ; all other teachers of music, three hundred dollars each per year ; the teacher of bead- work, one hundred and fifty dollars per year ; the foreman of broom shop, six hundred dollars per year ; the engineer, one thousand dollars per year. Sec. 2. The original section 670 is riereby repealed; and this act shall take effect and be in force from and after its passage. THOS. A. COWGILL, SpeaJcer of ihe House of Representatives. R. G. RICHARDS, President pro tern, of the Senate. Passed March 19, 1880. [Senate BUI No. 123.] AN ACT To amend section 2807, of title 13, chapter 4, of the revised statutes of Ohio. Section 1. Be it ena^eted by the Oeneral Assembly of the State of OhiOf That section 2807, of title 13, chapter 4, of the re- vised statutes of Ohio be amended so as to read as follows : 76 Duties and powers of an- nual boards of eqaaliaa- tion. Section 2807. 'The said boards shall bear complaints and equalize the assessments of all personal property, moneys and credits, new entries and new structures, returned for the current year, by the township assessors^ and they shall have power to add to or deduct from the valuation of the personal property, or moneys, or credits of any person, firm, or cor- poration, returned by the assessor, or which may have been omitted by him, or to add other items, upon such evidence aa shall be satisfactory to the said board, whether said return be made upon oath of such person, or upon the valuation of the assessor; and if any person notifiea to appear before said board shall decline, neglect, or refuse to appear, after due notice has been served unon such perpon, firm, or corporation, his or their agent or clerK, or by mail to the last known place of residence, or otherwise, then upon such declination, neglect, or refusal, said board shall add such amount as it shall deem just and proper ; but when any addition shall be ordered to be made, whether to a list returned under oath, or upon an original assessment, a statement of the facts on which such addition was made shall be entered on the jour- nal of the board ; and when any reduction shall be ordered to be made in the amount of personal property, or moneys and credits of any person, firm, or corporation, a statement of the facts on which such reduction was made shall be en- tered on the journal of the board. Sec. 2. This act shall take eiBfect and be in force from and after its passage ; and section 2807 of the above recited act is hereby repealed. THOS. A. COWGILL, Speaker of the House of RepreseTUativea. R. G. RICHARDS, Preeident pro tetn. of the Senaie, Passed March 19, 1880. [Honse BiU No. 163.] AN ACT Making; an appropriation to oonstmot two oolverts nnder the Miami and Erie canal, in the village of New Bremen, Aaglaize ooanty, Ohio. Section 1. Be it enacleld by the Oeneral Assembly of the State of Ohioy That the board of public works are hereby authorized and directed, without unnecessary delay, to advertise for proposals to construct two culverts under the canal in the village of New Bremen \ and if the contract can be let at a cost not to exceed two thousand dollars to the state, they shall proceed to let the construction thereof to the lowest and best bidder, or reject any and all bids. Sbc. 2. That there be and hereby is appropriated oat oi any money in the treasury to the credit of the general re ve- 77 nue fund, and not otherwise appropriated, the sum of two thousand dollars to pay in full for said culverts. Sec. 3. This act shall be in force on its passage. THOS. A. COWGILL, Speaker of the House of Repreeentatives. R. G. RICHARDS, Ih-eeident pro tern, of the Senate, Passed March 9, 1880. [Senate BiU No. 43.] AN ACT. To amend sections sixty-one handred and eighty-nine, and sixty-one [sixty- two] hundred and sixty-nine of the revised statutes of Ohio. Section 1. Be it enoucUd by the OenercU Assembly of the StaU of OhiOy That section six thousand one hundred and eighty- nine of the revised statutes of Ohio be amended so as to read as follows : ^ Section 6189. An executor or administrator who has paid Executor or all the debts of an estate, and has in' his possession notes, administra- bonds, stocks, claims, or other rights in action belonging to i®'i™f^^'*" the estate, may, with the approval of the probate court, tSn^assete' entered on its journal (and with the assent and agreement m kind, of the persons entitled tQ the proceeds of such assets as dis- tributees, including executors, trustees, and guardians), distribute and pay over the same, in kind, to those of such distributees as will receive the same ; and any such executor or administrator, when the debts are all paid, except claims in suit and contested, or liabilities not due and payable, or both, may provide for the payment of such claims and liabil- ities, by setting apart to the satisfaction of the probate court, enough of the assets for that purpose, and having done so, he may, with the approval, assent, and agreement, aforesaid, distribute and pay over in cash, or in kind, all or any part of the assets in his hands, and not set apart, aforesaid, to such of said distributees, including executors, trustees, and guardians, as may be willing to receive the same. Such executors, trustees, and guardians shall be liable to return such assets, or the proceeds thereof, should the same be nec- essary to pay the said* claims or liabilities ; and each of the other distributees shall give an indemnifying bond to the executor or administrator, to the satisfaction of the probate court for the same purpose. A distribution, in kind, in either case, shall have the same force and effect as the dis- tribution of the proceeds of such assets. S£C. 2. That section six thousand two hundred and sixty- nine of the revised statutes of Ohio be amended as follows : Section 6269. The following shall be the duties of every 78 Duties of gaardians of Itenon and estate. guardian of any minor, who may be appointed to have the custody of such minor and take charge of the estate of such minor, to wit : First — To make out and file, within three months after his appointment, a full inventory, verified by oath, of the real and personal estate of his ward, with the value of the same, and the value of the yearly rent of the real estate; and failing so to do fqr thirty days after he shall have been notified of the expiration of the time by the probate judge, said probate judge shall remove him and appoint a suc- cessor. Second — To manage the estate for the best interest of his. ward. Third — To render, on oath, to the proper court, an account of the receipts and expenditures ot such guaidian, verified by vouchers or proof, once in every two years, or oftener, upon the order ot the court, made upon motion of any person interested in said ward or the property of such ward, for good cause shown by afiidavit, and failing so to do for thirty days after he shall have been notified of the expiration of the time by the probate judge, he shall receive no allowance for services, unless the court shall enter upon its journal such. delay was necessary and reasonable: provided, that in all cases where the whole estate of said ward, or oi several wards jointly, under the same appointment of guardianship, shall not exceed two hundred dollars in value, said guardian shall only be required to render such account upon the ter- mination of said guardianship, or upon the order of said court, made upon its own motion, oi^be motion of some per- son interested in said ward or wards, or in his, her, or their property, for good cause shown, and set forth upon the jour- nal of said court. Fourth — At the expiration of his trust, fully to account lor and pay over to the proper person all ot the estate of his ward remaining in his hands. Fifth — To pay all just oebts due from such ward, out of the estate in his hands, and collect all debts due such ward, and, in case of doubtful debts, to compound the same, and to ap- pear for and defend, or cause to be defended, all suits against such ward. Sixth — When any ward has no father, or having a father who is unable or fails to educate such ward, it shall be the duty of his guardian to provide for him such education as the amount of his estate may justify. Seventh — To loan or invest the money of his ward within a reasonable time after he receives it, in notes or bonds i^cured by first mortgage on real estate of at least double the value of the money loaned or invested, exclusive of im- provements, timber, or minerals, subject to destruction or exhaustion, in bonds of the United States, or of any state on which deiault has never been made in the payment of inter- est, or bonds of any county or city in this state, issued in 79 conformity to law ; or, with the consent and approbation of the probate court, in productive real eatate within this state, the title to which shall be taken in the name of the guardian as such; and to manage such investments, and when deemed proper, change the same into any other investment of the above classes ; but no real estate so purchased shall be sold bv the guardian, except with the consent and approbation of the probate court ; and if said guardian fail to loan or in- vest the money of his ward within such reasonable time, he shall account on settlement for such money and interest thereon, calculated with annual rests ; and also to settle and adjust, when necessary or desirable, the assets which he may receive, in kind, from an executor or administrator, as may be most advantageous to his wards, but before such settle- ment and adjustment shall be valid and binding, it shall be approved by the probate court, and such approval entered on ita journal ; and with the like approval, to hold the assets as received from the executor or administrator, or what may be . received in the settlement and adjustment of said assets. Eighth — To obey and perform all orders and judgments of the proper courts touching the guardianship. Sbo. 3. That sections six thousand one hundred and p i^ eighty-nine and six thousand two hundred and sixty-nine ^^^^ be and the same are hereby repealed. Sec. 4. This act shall take efiect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the Htruse of Representaiivei. R. G. RICHARDS, President pro tem. of the Senate. Passed March 26, 1880. [Senate Bill No. 1.] AN ACT Snpplementary to chapter eight (8), title one (1), part four (4), of the reviaed statutes of Ohio. Section 1. Be U enacted by the Qeneral Assembly of the Stale of Ohio, That the following section be enacted as supplemen- tary to chapter 8, title 1, part 4, of the revised statutes with sectional number as herein provided : Section 6986a. That whoever sells, barters, or gives away penalty for to any minor under the age of fourteen years, any air-gun, seUing or musket, rifle-gun, shot-gun, revolver, pistol, or other fire arm, givtngi ©to-, of any kind or description whatever, or ammunition for the nJ^^JJ"" ^ same, or whoever being the owner, or having charge or control of any auch air-gun, musket, rifle-gun, snot-gun, revolver, pistol or other fire-arm knowingly permits the same to be used by such minor, shall be deemed guilty of a misdemeanor, and 80 upon oonyiction thereof shall be fined in any sum not ex- ceeding one hundred dollars, or be imprisoned in jail not exceeding thirty days or both. Sec. 2. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Repre9erUative8. R. G. RICHARDS, Prendent pro tem. of the Senate. Passed March 25, 1880. [Sabstitate for Hoase Bill No. 72.1 AN ACT To amend aeotion 3897 of the reyiaed statates. Section 1. Beit enacted by the General Aseembly of the State of Ohio, That section three thousand eight hundred and ninety- seven of the revised statates be so amended to read as follows : Section 3897. In city districts of the first class, the board Board of ed- ^' education shall consist ol two members for each ward, ex- aoatioii in ~ cept in districts organized under a law piroviding tor one oitj diatricts member only for each ward, in which districts the board ^\ ^®. ^"* Da*y *^t any time, by a vote of a majority of its members, oo^tltntod. pj^ovide that thereaiter each ward shall be represented by two members, and thereupon proceed to choose one additional member for each ward, to serve until the next annual elec- tion for city officers, and until the election and qualification of his Buccedbor; and each member of the board shall be an elector of the ward for which he is elected or appointed: provided, that in city districts of the first class, having a population, according to the last federal census, of one hun- dred and filty thousand and over, the board of education shall consist of thirty-seven members, twelve of whom shall be elected at the April election.of the current year, to hold office as lollows : The lour members who receive the highest num- ber ol votes for three years, tbe lour who receive the next highest number ot votes for two years, the four who receive the next highest numoer ol votes for one year ; and there^ alter there shall be elected, annually, four members to serve ior three years. In case of a tie vote the choice of terma shall be determined by lot. And the remaining twenty-five members shall consist of those members of the board of educa- tion elected at the April election in 1879, and whose terms of office do not expire until April, 1881; that, beginning with the April election of 1881, one member shall be elected from each ward of said cities ; and such of said members as Bhail have been elected by wards having an odd numerical n 81 designation shall serve for a term of one year, and such as shall have an even numerical designation shall serve for the term of two years : and, annually thereafter, as the term of the members elected by said wards shall expire, successors shall be elected to hold for the term of two years. The mem- I hers elected under this act shall hold office until their suc- cessors are elected and qualified : provided, that the board of education, established by this act, shall be in all respects the successors of the respective boards whose places they take. Sec. 2. The said original section number 8897 of the re- vised statutes be and the same is hereby repealed. Sec. 3. This act shall take effect from and after its pass- THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, President pro tern, of the Senate, Passed March 25, 1880. [HouBeBillNo. 246.] AN AOT Amendatory of and Bupplczuentary to seotion 2805 ot the revised statuten. Section 1. Be it enacted by the General Assembly oj the Stale of Ohio^ That section 2805 of the revised statutes, passed June 20, 1879. entitled '* an act to revise and consolidate the general statutes of Ohio," be bo amended as to read as fol- lows: Section 2805. In each city of the third grade of the first Annnal city class, and each city of the second class, there shall be an an- ^^"^.^^^j nual board for the equalization of the value of the real and ho^Toonsti^' personal property, moneys, and credits in such city, to be tuted and or- com posed of the county auditor and six citizens of such city, ganized. appointed by the council thereof; said board shall meet at the office of the county auditor on the fourth Monday of May, and shall close their sesBiun on or before the second Monday of July the next following, except in ciiies of the third grade of the second class the board shall close their session on or before the fourth Monday of June following. The board shall have power to equalize the value of the real and personal property, moneys, and credits within such city, and snail be governed by the rules, provisions, and limitations prescribed in the next preceding section for annual county boards. The memberw shall each be entitled to receive the following fees for each day necessarily employed in the per- formance of their duties : As members ot city boards of the first class and of the first and second grades of the second class, five dollars per day; and members of cit}^ boards of the third grade of the second class, two dollars and fifty cents 82 pner day, to be paid out of the county treasury. And in each city of the first and second grades of the first class there shall be a like annual board, with the same powers and duties, to be composed of the county auditor and six citizens of such city, to be appointed by thecouncil, the first appointment being oi two for one year, two for two years, and two for three years, and thereafter, annually, two shall be appointed for three years ; and all vacancies shall be filled for the unex- pired terms. Said board shall meet at the oflBce of the coun- ty auditor on the fourth Monday of May, and, including the board now elected, shall close their session on or before the fourth Monday of August; and it may appoint all necessary clerks, not exceeding six ; each member, except the auditor, shall receive five dollars per day, and each clerk three dol- lars per day for their services, for the time actually em- ployed in the discharge thereof, which shall be paid out of the county treasury. Said board shall He authorized to adminis- ter any oath which it may deem necessary to the proper dis- charge of its duties. Section 2805a. And in each city of the second grade, class first, the county auditor may, whenever he may deem it necessary, call together the annual city board of equalization on the second Monday of January of each year, and said board, when fo called together, shall sit as a board of revision of such acts done by it as a board of equalization at the previous meeting thereof, as the coun- ty auditor may present to it for its revision, but before act- ing as a board of revision, the m^imbers thereof shall be sworn by a competent officer to a faithful discharge of their duties as such board; and any refunder, abatement, or change of value which said board of revision may recom- mend to be made, shall be deemed and held, in case of re- funder or abatement, to be sufficient authority for the coun- ty auditor to issue his order of refunder or abatement on the county treasurer ; and in case of change of value such recom- mendation of change by said board shall be deemed and held sufficient authority for said officer to enter the same in his book of additions and deducticns; and all acts of the said board of revision shall be subject to an appeal through the county auditor to the auditor of state. Said board of revision shall have power to administer any oath which it may deem neces- sary to the proper discharge of its duties. It shall not continue in session for a longer time than one week ; public notice shall be given, by the county auditor, of each meeting of said board, and its members shall be paid the same amount per day as when sitting as a board of equalization. Sec. 2. That said original section 2805 be and the same is hereby repealed. Sec. 3. This act shall be in force and take effect from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives, R. G. RICHARDS, Passed March 25, 1880. President pro tern, of the Senaie, 83 [HoiiBeBUlNo.253.] AN ACT To anthorize manioipal corporations to use or grant the use of the streets, avenaes, alleys, and pablio places for certain purposes. Section 1. Be it enacted by the Oeneral Assembly of ike State of OMOj That amy municipal corporation may, by ordinance, use or grant the use of its streets, avenues, alleys, lanes, and public places, to lay pipes and drains under the surface thereof, to be used for the purpose of supplying its inhabi- tants with heat and power, upon such terms as such corpora- tion may deem proper. Sec. 2. That in all municipal corporations which may have heretofore, by ordinance, authorized the use, by any person or corporation, of the streets, avenues, alleys, lanes, and public places of such municipal corporation, for the purpose of laying pipes and drains below the surface there- of to convey and supply its inhabitants heat and power, such ordinances shall be held as valid and binding as if the power in all such municipal corporations to so grant such use of its streets, avenues, alleys and public places had been expressly enumerated in the general municipal corporation act now in force ; provided, that the councils of such corpora- tions are empowered to regulate, by ordinance, at intervals of five years, the price which such person oi company may charge for such heat or power. Sec. 3. This act shall take effect and be in force from and after its passage. . THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, President pro tern, of the Senate, Passed March 25, 1880. i Mnnioipal corporations inay grant the ase of streets, al- leys, etc., to Tay pipe for •applying heat and poTWer. Where grant- ed before pas- sage of this act valid. [Honse Bill No. 433.] AN ACT Supplementary to chapter 5, title 11, part second of the revised statntes of Ohio. Section 1. Be it enacted by the General Assembly of the State of Ohio^ That the toUowing section be enacted as supplemen- tary to chapter 5, title 2, part second, of the revised statntes, with sectional numbering, as herein provided : Section 3498a, The county commissioners of any county in the state, when petitioned to do so by at least fifty free- holders, citizens of the counties, shall and they are hereby authorized and required to purchase any or all of the toll roads, or parts of toll roads, within said counties, as herein- after provided ; provided, however, that before such purchase is made, the commissioners of the county in which the peo- ple shall vote in favor of purchasing the toll roads, snail County com- missioners may pur- chase toll roads when petitioned to do B». 84 Question of make an order to that effect on their journals, and submit fesobmittod ^^® purchase to the voters of said county either before or toYote. after an appraisement of the value of the roads has been had, at any regular spring or fall election, giving at least ten days' notice thereof, in at least two newspapers pub- lished in the county ; and at such election the voters who are in favor of such purchase shall inscribe on their ballots, *' Purchase of toll roads. Yes ; " and those opposed thereto shall inscribe on the ballots *' Purchase of toll roads, No ; " and if at any such election a majority of those voting on said question are in favor of such purchase, the said commis- sioners may make such purchase, but not otherwise. The vote on said question shall be returned by the judges of the election to the clerk of the court of common pleas, who shall open, count, and declare the same, as in an election for counter omcers, and certify the same to the county commissioners. Sec. 2. This act shall take effect on its passage. THOS. A. COWGILL, Speaker of the House of Representativea. R. G. RICHARDS, PreriderU pro tern of the Senate. Passed March 25, 1880. Penalty for shooting or hnnting on lands m an- other. [House Bill No. 184.] AN ACT To amend section 6966 of the revised statutes Section 1. Be it enacted by the General Assembly of the State of Ohio, That section 6966 of the revised statutes of Ohio be and hereby is amended to read as follows : Section 6966. Whoever, without having received verbal or written permission from the owner, his agent, or a person in charge of inclosed or improved lands, or any lands, the boundaries of which are defined by stakes, posts, water courses, ditches, or marked trees, hunts, or shoots at, killp, or pursues with such intent, or with intent of capturing alive, on such lands, any of the birds or game mentioned in sec- tions sixty nine hundred and sixty, and sixty-nine hundred and sixty-one, and sixty-nine hundred and sixty three, or any other birds, game, or animaln, shall be fined not more than twenty-five nor less than five dollars, or imprisoned not more than thirty nor less than five days, or both. Sec 2. This act shall take effect from and after ita pas- sage. THOS. A. COWGILL, Speaker of the House of Representatives, R. G. RICHARDS, President pro tern, of the SeruUe. Passed March 26, 1880. 85 [Honse BiU No. 34.] AK ACT To amend section 7034, and to repeal seotions 3765 &nd 3766, revised Btatntes of Ohio. Section 1. Be it enacted by the Oenerai Assembly of the State cf OhiOy That section 7034 be so amended as^^^to read as follows : Section 7034. Whoever, without lawful authority, will- Penalty for fully opens the grave or tomb where any corpse has been de- pav® w>^ posited, or removes any corpse from its place of sepulture, or ^** knowingly delivers any corpse so unlawfully removed to an- other for medical or surgical study, and whoever receives, conceals, or secretes any corpse fo removed or delivered, knowing it to have been so removed or delivered, shall, upon conviction thereof, be imprisoned in the penitentiary not more than five years nor less than one year; and who- ever assists in any surgical or anatomical experiment or demonstration upon any corpse unlawfully obtained, know- it to have been so unlawfully obtained, shall be fined not more than one thousand dollars nor less than one hundred dollars, or imprisoned not more than one year nor less than six months, or both. Sec. 2. Sections 3765 and 3766, and the original section 7034, shall be and are hereby repealed. Sec. 3. This act shall take effect and be in force from and after its passage THOS. A. COWGILL, Speaker of ike House of Representatives. R. G. RICHARDS, President pro tern, of Senate, Passed March 26, 1880. [ Honse BUI No. 56.] AN ACT To amend section forty, chapter one, title two, of the revised statates of Ohio, page 191. Section 1. Be ti enacted by the Oenerai AsswtMy of the State of Ohio, That section forty, of chapter one, title two, be amended so as to read as follows : Section 40. Each member of the general assembly shall Sal«7 «id receive for his term of office the sum of twelve hundred dol- 2^***® ^L- lars, one-half thereof to be paid each year, in monthly install- of ttS*°^ ments, not exceeding one hundred and fifty dollars: pro- general vided, that there shall be paid at the close of each session MMmbly. the amount due for that year, and also twelve cents per mile n 86 each way for traveling from and to his place of residence, by the most direct route of public travel to and from the seat of government, but if anj member is absent without leave, or is not excused on his return, there shall be deducted from his compensation the sum of five dollars for each days' ab- sence. Ssc. 2. That said original section forty be and ihe same is hereby repealed. 8ec. 3. This act shall be in force from and after its passage. THOS. A. COWGILL, Speaker of the House oj Representatives. R. G. RICHARDS, President pro tern, of the Senate. Passed March 26, 1880. When oom- miflslonen mxv bnild embank- mentB. [Honse Bill No. 231.] AN ACT To amend section fonr thousand nine hundred and twenty-two of the revised statntes. Section 1. Be it enacted by the Otfneral Assembly of the State of Ohio, That section four thousand nine hundred and twen- ty-two be amended to read as follows : Section 4922. When any of the principal public roads in any county, except turnpike roads, over which tolls are col- lected, are subject to overnow or inundation, so as to render the same at any time unfit for public travel, or hinder free and necessary transportation, the commissioners of such county may repair or reconstruct such roads by changing the beds of small streams to avoid crossing, or to change roads to avoid bridges, where the public travel would be better accommo- dated, or by building embankments or levee sufficiently elevated above all such overflows or inundation; and ihe expenses of such embankment, changes, or levee shall be paid out of the money in the county treasury, or that may be hereafter raised by taxation, for road or bridge purposes. Sec. 2. Said section 4922 be and the same is hereby re- pealed; and this act shall take effect and be in force from and after its passage. THOS. A. COWGILL^ Speaker of the House of Representatives. R. G. RICHARDS, President pro tern, of the Senate. Passed March 26, 1880. 87 [Senate Bill No. 7.] AN ACT To amend aeotion one thoneand and one of the revised statutes of Ohio, providing for the election of county solicitors. Section 1. Beit enacted by the General Assembly of the State of OhiOj That section one thousand and one of the revised statutes of Ohio, in force January 1, 1880, be so amended as to read as follows : Section 1001. There shall be elected at the next annual City solioltor fall election, and thereafter biennially, by the qualified elec- ^•"^P*?H^. tors of any county containing a city of the first class having ^m dutiel a population exceeding: one hundred and eighty thousand, etc.,' a solicitor to the board of county commissioners and 1[)oard of control of such county, who ahall be an attorney-at-law, and shall hold his office for two years from the first Monday of January next after his election. He shall be the legal adviser of said boards of county commissioners and control, and shall prosecute or defend all suits and actions which either of said boards may direct, or to which they may be a Sarty. He shall receive a salary of twenty-five hundred ollars per year, payable out of the county treasury on the certificate of the board of county commissioners and warrant of the county auditor. Sec. 2. That section one thousand and one of the revised statutes aforesaid be and the same is hereby repealed. Sec. 3. The commissioners of a county m which a solici- Vacancy, tor is provided by this act, are hereby authorized to appoint how filled, a solicitor pro tempore to fill any vacancy occurring in said office, in April next, by the repeal of said section one thou- sand and one, of the revised statutes, or, in case a vacancy shall happen in said office by death, resignation, or other- wise, who shall perform the duties and receive the salary of county solicitor, and shall hold his office until his successor, at the annual fall election next ensuing such appointment, shall be elected and qualified under the provisions of section one of this act. Sec 4. This act shall take effect and be in force from and after its passage: provided, ttiat nothing herein contained shall affect the official term of any present incumbent of said office. THOS. A. COWGILL. Speaker of the House of RepresentaUves, R. G. RICHARDS. Presidefitt pro tern of the Senate. Passed March 26, 1880. 88 [HonseBillNo. 252.] AN ACT To amend section 2689 of the revised statates of Ohio. Section 1. Be U enacted by the General Assembly of the State of Ohio, That section 2689, title twelve, division nine, chap- ter one, relating to finance and taxation, be so amended as to read as follows : Mazimnm of Section 2689. The aggregate of all taxes levied or ordered tax allowed by any municipal corporation, including the levy for general ^iip^ationB purposes, above the tax for county and State purposes, and ex- In Chi • - eluding the tax for school and school-house purposes, shall natL ^^' ^^* exceed in any one year ; in cities of the first grade of the first, class, twelve mills, and such further rate as may be necessary to provide for the payment of the interest, and to create a sinking fund for the redemption of bonds issued, and that may be issued under the act relating to the Cincin- In Cleve- nati Southern railway, passed May 4, 1869 {^ v. 80), and land. the acts amendatory thereof and supplementary thereto ; in cities of the second grade of the first class, eleven mills, and such further rate as may be necessary to pay the interest on the public debt, and for cemetery purposes, as provided for by law ; in cities of the third grade of the first class, nine- teen mills; provided, however, that out of such funds the In Toledo. interest on the indebtedness of such corporation shall be first paid; in cities of the first and second grades of the second class, nine and five-tenth mills, and in addition there- to such further rate not exceeding five-eighths of one mill, as may be necessary to create a sinking fund for the payment of the principal and interest of the bonds of said cities that may hereafter be issued for the purpose of building and maintaining main trunk sewers in such cities; in cities of the third grade of the second class, twelve mills ; in cities of In Colnmbns *^® fourth grade of the second class, nine mills, in villages and Dayton, of the first class, eight mills ; and in all other villages, ten mills, on each dollar of the value of any property, ae valued for taxation on the county tax-list ; provided, that the coun- cil shall, annually, at the time the rate of levy is fixed, provide by ordinance for the distribution of the tax among the several departments of the municipal corporation in such proportion to their needs, as council may deem necessary ; and at no time hereafter shall the amounts therein specified as necessary for the purposes named, be changed; and all transfers of funds from one account to another are hereby expressly prohibited. Beo. 2. That said section 2689 be and the same is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, Passed March S7, 1880. President pro tern, of the Senate. 89 [UoaseBiUNo. 40B.] AN ACT To amend section 2141 of the revised statutes of Ohio, and to repeal sec- tion 36 of an act entitled "An act authorizing the election of a hoard of police commissioners, and consolidating the same with the board of health in the cities of the first class with a popolation of less than one hundred and fifty thousand and over ninety thousand inhabitants at the last federal census," passed March 17, 1876. Section 1. Beit enacted by the Otneral Aamnbly of th^ State of Ohio, That section 2141 of the revised statutes of Ohio, be so amended as to read as follows : Section 2141. In cities of the first grade of the first class, and cities of the first grade of the second class there shall be no board of health, but the boards of police commissioners shall exercise all the powers and perform all the duties re- quired of the board of hddHh and mayor in this chapter, and in any city of the second graae o tMe first class in which the board of police commissioners have herefo-oie acted as a board of health when said last named oard shall have been established by the city council of such city as provided in chapter one, division six, and title XII, of the revised stat- utes of Ohio, the said board of police commissioners shaU, upon written demand therefor, made by the president of said board of health, transfer to last named board the balance of any fund or funds remaining in the hands of said board of police commissioners, either set apart by them for or under any levy made properly applicable to sanitary pur- poses, and the objects contemplatea in the sixth division of title '* XII " of the said revised statutes. Sec. 2. That said original section 2141 and section 36 of an act entitled an act authorizing the election of a board of police commissioners, and consolidating the same with the board of health in the cities of the first class with a popula- tion less than one hundred and fifty thousand and over ninety thousand inhabitants at the last federal census, passed March 17, 1876, be and the same are hereby repealed. Sec. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Rqpresentatives. R. G. RICHARDS, PreMerU pro tem. of the SenaJte, Passed March 29, 1880. Police oom- miflgionen in cities of first grade of first class and first grade of second olaas to act as hoard of health. 90 Clialleiige of jnror for oanse. Ohallonge on suBpicion of prejndico. No one re- qniied to seryeas Juror more than three weeks in any one year. [House Bill No. 264.] AN ACT To amend sections 6. 12. and 14 of an aot entitled ''an act sapplementary to the aot entitled *an act relating to juries/" passed April 26, 1873; also an aot entitled "an act to amend section 2 of tho act eD titled an aot relatinji: to jories/' passed April 26, 1873, passed March 9, 1876 ; also the aot entitled ''an aot to regulate the fees of probate judges, clerks of the courts, sheriffs. witnesMs, jurors' fees in partitions, and to repeal certain acts therein named," passed April 8, 1876. Section 1. Be it enacted by the Oeneral Assembly of the State of Ohio^ That sections six, twelve, and fourteen of an act entitled "an act supplementary to the act entitled 'an act relating to juries,' " passed April 26, 187S, also an act enti- tled *' an act to amend section 2 of an act entitled an act relating to juries, passed April 26, 1873, passed March 9, 1876, also the act entitled "an act to regulate the fees of probate judges, clerks of the courts, sheriffs, witnesses, jurors' fees in partitions, and to repeal certain acts therein named," passed April 8, 1876, be and the same are hereby amended to read as follows : Section 6. That if there shall be impaneled for the trial of any case, any petit juror who has been convicted of any crime which by law renders him disqualified to serve on a jury, or who has an interest in the cause, or who has an action pending between him and either party, or who has formerly been a juror in the same cause, or who is either party's employer, employe, counselor, agent, steward, or at- torney, or who is subpoenaed in good faith in the cause as a witness, or who is a kin to either party, or to his attorney, he may be challenged for cause, and in either of said cases the same shall be considered as a principal challenge, and the validity thereof tried by the court; and any petit juror who shall be returned for the trial of any cause, and against whom no principal cause of challenge can he alleged, may nevertheless be challenged on suspicion of prejudice against or partiality for either party, or for want of a competent knowledge of the English language, or any other cause that may render him at the time an unsuitaole juror; and the validity of such challenge shall be determined by the court, and each party may peremptorily challenge two jurors. Section 12. That no person shall be Required to serve as a juror more than three weeks in any one year, beginning with the last Monday of April; and after any person shall have served three weeks in any such year, the court shall, on motion, discharge him from further service: provided, however, that nothing herein contained shall entitle or re- quire any juror to be discharged from the grand jury during its session, or from a petit jury during the trial of a cause : and provided further, that all courts shall so arrange and conduct the witnesses as to require the attendance of jurors upon its business during as short a time as possible. 91 Section 14. That each grand and petit juror shall be Compensa- allowed the sum of two dollars per day for each and every *J^^ ^^ 1"" day he may serve, and five cents per mile from his place of residence to the county seat, and the compensation of such juror shall be certified by the clerk of the court, and the compensation so certified shall be paid by the county treas- urer on the order of the county auditor. Sec. 2. That said original sections six, twelve, and four* - teen be and the same are hereby repealed. Sec. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, President pro tern, of the Senaie, Passed March 29, 1880. [HouaeBillNo. 438.] AN ACT Supplementary to seotions 8356 to 8367, inclnsiye; of the revised statates of Ohio. Section 1. Beit enacted by the Qenerai Assembly of the State ^•°^*. of Ohio, That whenever it is deemed necessary by the board ^ Mt. Sl^ of trustees appointed under the act to which this is supple- eJato hnild mentary, for the completion of any railway and telegraph a raUway. line contemplated by the said act to which this is supple- mentary to expend any further sum of money in addition to said eighteen thousand dollars, that the said board of trustees of such railway are hereby empowered and authorized to borrow as a fund for that purpose, not to exceed three thou- sand dollars, and to issue bonds therefor, under the same conditions, provisions, and restrictions as are provided for in said act to which this is supplementary for the borrowing and issuing of bonds, etc., for said eighteen thousand dollars. Sec 2. That the board of trustees appointed under the act to which this is supplementary be and they are hereby Sorij^to' authorized to sell, and transfer and convey any and all real transfer real estate by them purchased in procuring the right of way for estate pur- said railway that may be unnecessary for the complete and sue- ohased in cessful operation of said railwav; that the president of said S^t^^way. board of trustees may sign, seal, and acknowledge any and all said deeds upon authority for the same by resolution to that effect by said board of trustees. Sec. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL. Speaker of the House of RepresentcUives. R. G. RICHARDS, PresiderU pro tern, of the Senate, Passed March 30, 1880. Compensa- 92 [Senate Bill No. 159.] AN ACT To amend section one thousand eight hundred and ninety-five of the revised statutes of Ohio. Section 1. Beit enacted by the Oeneral Aaeembly of the StcUe of OhiOy That section 1895, of subdivision one, chapter five, of the fifth division, title twelve, be so amended as to read fts follows : Section 1895. The officers and members of such police tlonofpolioe force shall receive such compensation as shall be fixed by foroe or " Cincinnati. the common council : proviaed, that the superintendent of Solice shall not receive a salary exceeding twenty-five hun- red dollars ($2,500), eight hundred dollars of which sum shall be paid by the countv in which such city is situated ; the in- spector of police shall receive a salary ^not exceeding fifteen hundred dollars (t 1,500) ; lieutenants, not exceeding nine hundred dollars ($900) ; police court officers, not exceeding eight hundred dollars ($800) ; patrolmen, not exceeding eight hundred dollars ($oOO), and station-house keepers, not exceeding six hundred dollars ($600) per annum, each ; and the clerk of the police department shall receive a salary not exceeding fifteen hundred dollars ($1,500), and such assist- ants as may be necessary, a salary not exceeding one thou- sand dollars, each, per annum. And until the said salaries shall be fixed by the common council, they shall be fixed by the mayor : provided, the same shall not exceed the sums herein named, respectively. Sec. 2. That section 1895 of the revised statutes of Ohio, passed February 27, 1880, be and the same is hereby repealed. Sec. 3. That this act shall be in force and take effect from and after its passage. JOHN A. WILLIAMSON, Speaker pro tern, of the House of RepreeerUaiivea. R. G. RICHARDS, President pro tern, of the Senate. Passed March 30, 1880. [Suhstitnte for Honse Bill No. 14.] AN ACT To amend sections 1708, 1709, 1711, and 1765 of the revised statutes. Section 1, Be it evuuUd by the Oeneral AjMmMy of the State of Ohio, That sections 1708, 1709, 1711, and 1766 of the re- vised statutes be amended so as to read as follows : Offloen of Section 1708. In cities of the first grade of the first class dtieB of the there shall be a mayor, solicitor, treasurer, police judge, fizst olaoB. prosecuting attorney of the police court, and a clerk of that court, which ofiicers shall be chosen by the electors ; and a clerk, who shall be elected by the common council, and a comptroller, who shall be elected as hereinafter provided ; 93 and in cities of the second and third grades of the first class, the same officers shall be chosen in the same manner, and an auditor, who shall be elected by council ; and also a street commissioner, who shall be chosen by the electors ; and a civil engineer, who shall be elected by the council ; and in cities of the third grade of the first class there shall be a fire engineer appoint^ by the mayor, with the assent of the council : provided, that in cities of the third grade of the first class, and in cities of the second class embracing a county seat, there shall be no election for a city treasurer, but the county treasurer shall act as city treasurer, at a rate of compensation to be determined by the county commis- sioners, but not exceeding five hundred dollars a year ; and the council of any city of the first class may provide by ordinance for the appointment of a sealer of weights and measures and fixing his compensation. Section 1709. Officers who are elected shall serve two xerm of years, except the clerk of the police court, who shall serve offloe. three years, except that in cities of the first grade of the first class the city comptroller shall serve three years, and in cities of the second and third grades of the first class the city auditor and the civil engineer shall serve three years ; in cities of the second grade of the first class the solicitor shall serve four years j and all officers who are appointed shall sjcrve one year, except as otherwise provided in this title. Section 1711. Except as otherwise provided in this title, Appoint- the appointment to every office created by law or ordinance ment of offt- shall be made by the mayor, with the advice and consent of o«™» exoept the council; the concurrence of a majority of all the mem- ^^S^ to bers elected shall be required to confirm an appointment, be made by and in every vote resulting in confirmation, the names of mayor with those V ting, and how they voted, shall be recorded : pro- oonsent of vided, tnat the city clerk, solicitor, treasurer, and clerk of ®®^°® • the police court in cities of the first class, and the city comptroller in cities of the first grade of the first class, and the city auditor and civil engineers in cities of the second and third grades of the first class, shall each appoint his assistants, subject to the confirmation of the council. Section 1766 In cities of the first grade of the first class p^^^^^ ^^^ the comptroller, and in cities of the second and third grades dutiegof of the first class the auditor, shall have p jwer to administer oitv oomp- oaths and take affidavits, and such other powers, and shall troUerand perform such duties as may be prescribed by law, including a'lditor. those imposed by sections seventeen hundred and fifty-six (1756), seventeen hundred and fifty -seven (1767), and seven- teen hundred and fifty-eight (1768), or by any ordinance of the corporation not inconsistent with the constitution and laws oi this state and incompatible with the nature of his office. And in cities of the first grade of the first class the city comptroller shall have all the powers, exercise all the rights, and perform all the duties now provided by law or 94 Election of comptroller in city of fint grade of first class. Comptroller when elected to take poB- seseion ,of books, pa- pers, etc. ordinance for city auditors in such cities ; he shall attend the meetings of the finance committee of the common coun- cil of such cities ; until otherwise provided by ordinance he shall have the same number of assistants, and they shall perform the same duties as is now provided for the assistance of the auditor in such cities ; and, until otherwise provided by ordinance, he and his assistants shall receive such com- pensation as is now provided by law for such auditor and his assistants. Sec. 2. At the first regular election held in every city of the first grade of the first class, on the first Monday of April next after the passage of this bill, there shall be elected by the electors of such city a comptroller, whose term of oflfice shall begin on the fifteenth day of April next following, and who shall serve for three years, and until bis successor is elected and qualified ; and, until otherwise provided, such comptroller shall give bond in such sum and in such manner as is now provided for the auditor in such cities ; and for the first election of such comptroller, it shall be suflBcient if five days' previous notice of such election be given. Sec, 3. Immediately upon the election of a comptroller, and his qualification, as hereinbefore provided, the office of auditor in such city shall then cease and determine, and such comptroller shall thereupon take possession of all the records, books, papers, vouchers, and documents in the possession or under the control of such auditor. Skc. 4. That said sections 1708, 1709, 1711, and section 1766, be and the same are hereby repealed : provided, how- ever, that nothing herein contained shall be construed as affecting any office named, or any officer already elected or appointed, except the auditor in cities of the first grade of the first class and his assistants. Sec. 6. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives, R. G. RICHARDS, President pro tern, of the Senate, Passed March 30, 1880. [Senate BiU No. 178.] AN ACT To aathoiize cities oi the third grade of the second class, with a popula- tion, according to the isderal teDsutof 1670, of Dot less than thirteen thon(«and inhabitants, to baild railroads, and to lease, operate, or sell the same . [SANDUSKY.] Section 1. Be it enacted by the General Assembly of the Staie of Ohio^ That whenever in any city of the third grade of the second class, which by the federal census of 1870 had, and which 93 by any subsequent federal census may have, a population of not less than thirteen thousand inhabitants, the city council thereof shall, by resolution passed by a majority of the mem- bers elected thereto, declare it to be essential to the interest of such city that a line of railway, to be named in said resolu- * tion, should be provided between termini designated therein, one of which shall be such city, it shall be lawful for a board of trustees appointed as herein provided, and they are hereby authorized to borrow as a fund for that purpose, not to exceed the sum of sixty thousand dollars, and to issue bonds therefor, in the name of such city, under tjie corporate seal thereof, bearing interest at a rate not to exceed six per centum per annum, payable semi-annually. Said bonds to be pay- able at such times and places, and in such sums as shall be deemed best by said board. Said bonds shall be signed by the president of said board, and attested by the clerk of such city, who shall keep a register of the same, and they shall be se- cured by a mortgage on the line of railway, its net in come, and by the pledge of thfe faith of such city, and a tax which it shall be the duty of the council thereof, annually, to levy (which tax shall not exceed two mills on the dollar in any one year), to pay the interest and provide a sinking fund for the final redemption of said bonds : provided, that no money shall be borrowed on bonds issued until after the ques- tion of providing the line of railway specifiea in said resolu- tion shall be submitted to a vote of the qualified electors of such city, at a special election to be ordered by the city coun- cil thereof, of which not less than ten days' notice shall be given in two newspapers published in such city : and further provided, that a majority of said electors, voting at such elec- tion, shall decide in favor of such line of railway. The re- turns of said election shall be made to the clerk of said city, and by him laid before the city council, who shall declare the result by resolution. The bonds issued under the authority of this section shall not be sold or disposed of for less than their par value. Sec. 2. If a majority of the votes cast at said election shall be in ifavor of providing the line of railway, as specified in the first section, it shall be the duty of the city solic- itor, forthwith, to file a petition in the court of common pleas of the county in which said city is located, pray- ing that the judge thereof will appoint five trustees, who shall be electors and freeholders of said township, to be called the trustees of ■ railway (the blank to be filled with the name of the railway, as given in the resolution), and it shall be the duty of the said judge to make the appointment, and enter the same upon the minutes or journal of the court. They shall enter into bond to the city in such sum as the court may direct, with one or more sufficient sureties to be approved by the court, conditioned for the faithful dis- charge of their duties. The bond fo taken shall be approved 96 by the council of the city, and deposited with the treasurer or the corporation for safe keeping. Sec. 3. The said trustees and their successors shall be the trustees of said fund, and shall have the control and dis- bursement of the same. They shall expeud said fund in pro- curing the right of way on which to construct, and in construct^ ing a railway, with all the proper appendagee, and, if defied necessary, a line of telegraph oetween the termini specified in said resolution, and, for the purpose aforesaid, shall have the power and capacity to make contracts, appoint, employ, and pay officers and agents, and to acquire, hold, and possess all the necessary real and personal property and franchises. They shall also have power to receive donations of land, money, bonds, and other personal property, and to dispose of the same in aid of said fund. Sec. 4. The said trustees shall form a board, and choose one of their number president, who shall also be the act- ing trustee, with such power as the board may, by reso- lution, from time to time, confer upon him. A majority of said trustees shall constitute a quorum, and shall hold regu- lar meetings for the transaction of business, at their office in the city under whose action they are appointed, but they may adjourn, from time to time, to meet at any place they may think proper. They shall keep a record of their proceedings, and cause to be kept a full and accurate account of their receipts and disbursements, and make a report of the same to the city clerk, annually, and whenever requested by a resolution of the city council. No money shall be drawn from said fund but upon the order of said board, except their own compensation, which shall be paid out of the same upon the recommendation of the council of said city, by resolution duly adopted, and allowed by the court appointing them, and shall be apportioned according to their respective services. Sec. 6. Said trustees shall have power to take such secu- rity from any officer, agent, or contractor chosen, or ap- pointed, or employed by them, as they shall de^ m advisable. They shall not become surety for any such offi :er, agent, or contractor, or be interested, directly or indirectly, in any contract concerning said railway. They shall be responsible only for their own acts. Sec. 6. Whenever the city solicitor of any city under whose action a board of trustees has been appointed, as herein provided, shall have reason to believe that any one of said trustees has failed in the faithful performance of his trust, it shall be his duty to apply to the court that appointed eaid trustees, by petition, praying that such trustee be removed and another appointed in his place ; and when a vacancy shall occur in said board from any other cause, it shall be filled in like manner. Il the said city solicitor shall fail to make application in either of the foregoing causes, after request of any holder of the bonds issued by said trustees, or by any tax-payer of the corporation, such bondholder or tax -payer may file a petition in his own name, on behalf of the holders of such bonds, for like relief, in any court having jurisdio* tion ; and if the court hearing the action shall i^judge in favor of the pl&inti£f, he shall be allowed, as part of hit costs, a reasonable compensation to his attorney. Sec. 7. Whenever, in the construction of a line of rail- way, as herein provided, it shall be necessary to appropriate land for the foundation of the abutments or pier of any bridge across any stream, or for any other purpose, or to ap- propriate any rights or franchises, proceedings shall be com- menced and conducted in accordance with the laws in force a;t the time for the appropriation of such private property for the use of corporations, except that the oath and verdict of the jury and judgment of the court shall be so varied as to suit the case. Sfic. 8 Whenever there shall be, between the termini designated in any resolution passed under this act, a rail- road already partially constructed, or right of way acquired therefor, which can be adopted as parts of the line provided for in said resolution, the trustees of said line may purchase or lease the said railroad, or right of way, and pay for the same out of the trust fund. Sec. 9. Whene-ver, in the construction of a line ">f rail- way, as herein provided, the said board of trustees shall find it necessary to use or occupy any street, alley, or public way, space, or ground, or any part thereof belonging to such city, proceedings shall be commenced and conducted in accord- ance with the Taws in force at the time of [for] the appropia- tion of Huch rights or easements by street railway corpora- tions, except that the oath and verdict of the jury and the judgment of the court shall be so varied as to suit the case. Sec. 10. On the final completion, or at any period during the construction of any line of railway, constructed under the provisions of this act, the board of trustees shall have power to lease or sell, and convey the same to any person or Sersons, or company, as will conform to the terms and con- itions which shall be fixed and provided by the council of the city by which the line of railway is owned. Sec. U. That the council of any city described in this act may, after trustees have been appointed, as provided in this act, advance to said trustees, out of apy funds of said city, such sum as is necessary, not exceeding five hundred dollars, for carrying the object for which they were appointed into eSect, and said sum shall be repaid out of the trust fund provided for in this act, when raised. Sec. 12. Deeds and contracts may be made, and proceed- ings for appropriations and actions may be commenced, either in the name of such city providing the line of rail- way, or in the name of the trustees of ' ' ■■ railway (fili- ng the blank with the name given to the railway in the reso- lution), and said proceedings may be commenced and com- 98 ducted, either in the court of common pleas or probate court, as in other cases of appropriation for the use of municipal corporations. S£C. 13. This act shall take effect and be in force from and after its passage. THOS A. COWGILL, Speaker of the House of RepreaentcUives. R. G. RICHARDS, PreaidefU pro tem. of ike SencUe. Passed March 31, 1880. ace anr.hor- I zi Qg Ripley to imiie bonds to biii1on^» »nd redemption of said bonds and interest : nrovided, however, *"^^**'^ that the rate of the annual tax levy shall not be increased thereby. Skc. 3. This act shall take effect and be in force on and after its passage. THOS. A. COWGILL, SpeaJcer of the House of Representatives, R. G. RICHARDS, I^resident pro tern, of the Senate, Passed April 2, 1880. • • • - « 102 CSenate BiU No. UUJ AN ACT .-, '*.'** *(•* antberiad certain ineorporated ^illagee to bnild railtoads and to leas^ or operate the same. [llBONTON.J Section 1. Be it enacted by the OenercU AamttMy of the Stats eff Ohio^ That whenever in any corporate village which by the federal census of 1870 had, and which by any subsequent Inderal census may have, a population of four thousand four hundred and ninety-eight (4,496), the viMage council thereof shall, by a resolution passed by a majority of the naembers elected thereto, declare it to be essential to the interest of such village that a line of railway, to be named in said reso^ lution, should be proviefed between termini designated therein, one of which shal> be sueh village, and the other not exceeding seventeen miles therefrom, it shall be lawful for a board of trirstees appointed as herein provided, and they are hereby authorized to borrow as arfund for that p!»r- pose, not to exceed the sun» of thirty thousand dollars, and' tb issue bonds therefor, in the nafne of such incorporated village, under the corporate 1seal thereof, bearing interest at a rate liot exceeding six per eentum per annum, payable semi-annually. Skid bonds to be payable at such times and places, and in such sunie as shaM be deemed best by said board. Said bonds shall be signed by the president of said board, and attested by the clerk of sueh rncorporated village, who shall keep a register of the same, and they shall be secured by a mortgage on the line of railway and by the pledge of the faith of such village,, and a tax which it shall be the duty of the council thereof, annually, to levy (which t)Eix shall not exceed two mills on the dollar in any one year), to pay the interest and provide a sinking fund for the final redemption of said bonds : provided, that such village shall not in any one year levy taxes to a greater amount than thirteen mills on the dollar, inehiding the levy for said bonds : and provided, that no money shall be borrowed on bonds issued until after the question of providing the line of railway specified in said resolution shall be suboaitted to a vote of the q>ualified electors of such incorporated village,, at a special election to be ordered by the village eou'ucil thereof, of which not less than tea days^ notice shall be given in a paper published and of general circulation in said village : and further provided, that two-thirds of said electors, voting at such election, shall decide in favor of such line of railway. The returns of said election shall be made to the clerk of said incorporated village, and by him laid before the village council, who shall declare the result by resolution. The bonds issued under the authority of this section shall not be sold or disposed of for less than their jjiar value. 103 Sec. 2. If not less than two-thirds of the votes cast at said election shall be in favor of providing the line of rail- way, as specified in the first section of this act, it shall be the duty of the corporation solicitor, forthwith, to file a peti- tion in the court of common pleas in the county in which such village is situated, praying that the judge thereof will appoint three trustees, wno shall be electors and freeholders of said village, to be called the trustees of railway (the blank to be filled with the name of the railway, as given in said resolution), and it shall be the duty of the said judge to make the appointment, and enter the same on the minutes or journal of the court. They shall enter into bond to the village in such sum as the court may direct, with one or more sufficient sureties to be approved by the court, conditioned for the faithful discbarge of their duties. The bond so taken shall be approved by the corporation solicitor and deposited with the treasurer of the corporation for pafe keeping. Sec. 3. The said trustees and their successors shall be the trustees of said fund, and shall have the control and dis- bursement of the Fame. They shall expend said fund in procuring the right 1o construct, and in constructing a rail- way, with all the proper appendages, between the termini specified in said resolution ; and for the purpose aforesaid, shall have the power and capacity to make contracts, ap- point, employ, and pay officers and agents, and to acquire, hold, and possess all the necessary real and personal prop- erty and franchises. They shall also have power to receive donat ons of land, money, bonds, and other personal prop- erty, and to dispose of the Siime in aid of said fund. Sec. 4. The said trustees shall form a board, and shall choose one of their number president, who shall also be the acting trustee, with such power as the board may, by resolution, from time to time, confer upon him. A majority of said trustees shall constitute a quorum, and shall hold regular meetings for the transaction of business, at their office in the village under whose action they are appointed, but they may adjourn, from time to time, to meet at any place they may think proper. They shall keep a record of their proceedings, and cause to be kept a full and accurate account of their disbursements, and make a report of the same to the corporation cleik, whenever requested so to do by a resolution of the village council. No money shall be drawn from said fund but upon the order of said board, ex- cept their own compent^ation, which shall be paid out of the same upon the recommendation of the council of said vil- lage, by resolution, duly adopted and allowed by the court appointing them 8ec. 5. Said trustees shall have power to rake such secu- rity from any officer, agent, or contractor chosen, or appoint- ed, or employed by them as they shall deem advisable. They shall not become surety for any such officer, agent, or 104 contractor, or be interested, directly or indirectly, in any contract concerning said railway. They shall be responsible only for their own acts^ Sec. 6. Whenever the corporation solicitor of any village under whose action a board of trustees has been appoint^, as herein provided, shall have reason to believe that anyone of said trustees has failed in the faithful performance of his trust, it shall be his duty to apply to' the court that ap- pointed said trustees, by petition, praying that such trustee be removed and another appointed in his place, and if the corporation solicitor shall fail to make application* after re- quest of any of the holders of the bonds issued by paid trus- tees. Off by a t^x-payer of such village, such bondh«Jder or tax-payer may file a petition in his own name, on behalf of the holders of such bonds, for like relief, in any court having jurisdiction ; and if the court hearing the action shall ad- judge in favor of the plain tilf, such court shall remove such trustee and appoint another in his stead; and when a vacancy shall occur in paid board from any other cause, it shall be filled upon like petition and in like manner. Rec. 7. Whenever in the construction of a line of rail- way as herein provided, it shall be necessary to appropriate land lor the foundation of the abutments or pier of any bridge across any stream, or for any other purpose, or to ap- propriate any rights or franchises, proceedings shall be com- menced and conducted in accordance with the laws in force at the time for the appropriation of such private prof>erty for the use of corporations, except that the oath ana verdict of the jury and judgment of the court shall be so varied to suit the case. Sec. 8. Whenever there shall be, between the termini designated in any resolution passed under this act, a railroad already partially constructed, or rights acquired therefor, which can be adopted as part of the line provided for in said resolution, the trustees of said line may purchase or lease the said railroad or right of way« and pay for the same out of the trust fund. Sec. 9. Whenever, in the construction of a line of rail- way, as herein provided, the said board of trustees shall find it necessary to use or occupy any street, alley, or other pub- lic way, space, or ground, or any part thereof belongiijg to such incorporated village, proceedings shall be commenced and conducted in accordance with the laws in force at the time of Che appropriation of such rights or easements by street railway corporations, except that the oath and verdict of the jury and the judgment of the court shall be so varied as to suit the case. Skc 10. On the final completion of any line of railway, constructed under the provisions of this act, the board of trustees shall have power to lease the same to any person or or persons, or company, that will conform to the terms and conditions which shall be fixed and provided by the council 106 of the incorporated village of which the line of railway is owned. Sec. 11. The council of any incorporated village de- scribed in this act may, after trustees have been appointed,, as provided in this act, advance to srud trustees, out of any funds of said viilage, such sum as is necessary, not exceeding five hundred dollars, for carrying the object for which they were appointed into effect, and said sum shall be repaid out of the trust fund provided for in this act when raised. Sec. 12. Deeds and contracts may be made, and proceed- ings for appropriations and actions may be commenced, either in the name of such incorporated village providing the line of railway, or in the name of the trustees of railway (filling the blank with the name given to the rail- way in the resolution), and said proceedings may be com- mencfd and conducted, either in the court of common pleas or probate courts, as in other cases of appropriation for the use of municipal corporations. Sec. 13. This act shall take efiect and be in force ^from and after its passage. JOHN A. WILLIAMSON, Speaker pro tern, of the Hou$e of Repreterdatives. R G. RICHARDS, President pro tern, of the Senate. Passed April 1, 1880. [Senate Bill No lU.] AN ACT To anthorize oerfeain iaoorporated vilUji^es to baild railroads, and to lease and operate the same. * [germantown.] Section 1. Be it enacted by the General Assembly of the State of Ohio, That whenever, in any incorporated village which by the federal censufl of 1870 had, and which by any subse- quf nt federal census may have, a population of one thousand four hundred and forty, the village council ther^f shall, by resolution passed by a majority of the members elected thereto, declare it to be essential to the interests of such village f bat a line of railway, to be named in said resolution, should be provided between termini designated therein, one of which snail be such village, and the other not exceeding five miles therefrom, it shall be lawful for a board of trustees, appointed as herein provided, and they are hereby author- ized, to borrow as a fund for that purpose not to exceed the sum of forty (40) thousand dollars, and to issue bonds there- for in the name of such incorporated village, under the cor- 106 porate seal thereof, bearing interest at a rate not to exceed six per centum per annum, payable semi-annually; said bonds to be payable at such times and places, and in such sums as shall be deemed best by said board. Said bonds shall be signed by the president of said board, and attested by the clerk of such incorporated village, who shall keep a register of the same, and they shidl be secured by a mortgage on the line of railway, and by the pledge of the faith of such village, and a tax which it sh^l be the duty of the council thereof annually to levy (which tax shall not exceed six mills on the dollar in any one year) to pay the interest and provide a sinking fund for the final redemption of said Donds: provided, that such village shall not in any one year levy taxes to a greater amount than twelve mills on the dol- lar, including the levy for said bonds: and provided, that no money shall be borrowed on bonds issued until after the question of providing the line of railway specified in said resolution shall be submitted to a vote of the qualified elec- tors of such incorporated village, at a special election to be ordered by the village council thereof, of which not less than ten days' notice shall be given in the newspapers published in such village, or in a newspaper in general circulation in such village : and further provided, that a majority of said electors voting at such election shall decide in favor of such line of railway; the returns of said election shall be made to the clerk of said incorporated village, and be by him laid before the village council, which shall declare the result by resolution. The bonds issued under the authority of this section shall not be sold or disposed of for less than their par value. Sec. 2. If a majority of the votes cast at said election ehall be in favor of providing the line of railway as specified in the first section, it shall be the duty of the corporation clerk forthwith to file a petition in the court of common pleas in the county in which such village is situated, pray- ing that the judge thereof will appoint five trustees, who shall be electors and freeholders of said village, to be called the trustees of railway (the blank to be filled with the name of the railway as given in the resolution) ; and it shall be the duty of said judge to make the appointment, and enter the same on the minutes or journal of the c6urt. They shall^nter into bond to the village in such sum as the court may direct, with one or more sufficient sureties to be approved by the court, conditioned for the faithful discharge of their duties. The bond so taken shall be approved by tbe council of the village, and'deposited with the treasurer of the corporation for safe keeping. Sec 3. The said trustees and their successors shall be the trustees of said fund, and shall have the control and disbursement of the same. They shall expend said fund in procuring the right to construct and in constructing a rail- way, with all the proper appendages, and, if deemed neces- 107 MTj, a line of teleeraph between termini speoiffed in reeolotion, and for tne purpoae aforesaid, shall have the power and capacity to make contracts, appoint, employ, and pay officers and aeents, and to acquire, bold, and possess, all the necessary real and personal i^roperty and franchises. They shall also hare power to receive donations of land, money, bonds, and other persona) property, and to dispose of the same in aid of said fund. Seg. 4. The said trustees shall form a board, and shall ehoose one o( their number president, who shall also be the acting trustee, with such power as the board may, by resolu- tion, from time to time, confer upon him. A majority of said trustees shall constitute a quorum, and shall hold regular meetings for the transaction of business, at their office in the village, under whose action tbey are appointed, but they may adjourn, from time to time, to meet at any place they may thin& proper. They shall keep a record of their proceedings, and cause to be kept a full and accurate account of their disbursements, and make a report of the same to the corporation clerk whenever requested so to do by a resolution of the village council. No money shall be drawn from said fund but upon the order of said board, except their own compensation, which shall be paid out of the same, upon the recommendktibn of the council of said village, by resolution, duly adopted and allowed by the court appointing them. 8bg. 5. Said trustees shall have power to take such security from any officer, ageuit, or contractor chosen, or appointed, or employed by them as they shall deem adVis^ able. They shall not become surety for any such officer, agent, or contractor, or be interested, directly or indirectly, in any contract concerning said railway. They shall De* responsible only for their own acts. Seo. 6. Whenever the corporation clerk of any village, under whose action a board of trustees has been appointed, as herein provided, shall have reason to believe that any one of said trustees has failed in the faithful performance of his trust, it shall be his duty to apply to the court that appointed said trustees, by petition, praviog that such trustee be re- moved, and another appointea in his place ; and if the cor- poration clerk shall fail to make application after request of any of the headers of the bonds issued by said trustees, or by a tax-payer of such village, such bondholder or tax-payer may fife a petition in his own name, on behalf of the holders of such bonds, for like relief, in any court having jusisdiction ; and if the court hearing the action shall adjudge in favor of the plaintiff, such court shall remove such trustees and appoint another in his stead; and when a vacancy shall occur in said board from any other cause it shall be filled upon like petition and in like manner. Sec 7. Whenever, in the construction of a line of railway, as herein provided, it shall be necessaiy to appropriate land 108 for the fouadation of the abutmeots or pier of any bridge across any stream, or for any other purpose, or to appropriate any rights or franchises, proceedings shall be commenced and conducted in accordance with the laws in force at the time for the appropriation of such private property for the use of corporations, except that the oath and verdict of the jury, and judgment of the court, shall be so varied as to suit the case. Sec. 8. Whenever there shall be, between the termini designated in any resolution passed under this act, a rail- way already partiallv constructed, or rights of way acquired therefor, which can be adopted as parts of the line provided for in said resolution, the trustees of said line may purchase or lease the said railway, or right of way, and pay for the same out of the trust fund. Sec. 9. Whenever, in the construction of a line of railway, as herein provided, the said board of trustees shall find it ne- cessary to use or occupy any street, alley, or public way, space, or ground, or any part thereof belonging to sdch incorpor- ated village, proceedings shall be commenced and conducted in accordance with the laws in force at the time for the ap- propriation of such rights or easements by street railway cor- porations, except that the oath and verdict of the jury, and the judgment of the court, shall be so varied as to suit the case. Bec. 10. On the final completion of any line of railway constructed under the provisions of this act, the board of trustees shall have power to lease the same to any person or persons, or company, as will conform to the terms and con- ditions which shall be fixed and provided by the council of the incorporated village by which the line of railway owned. Sec. 11. That the council of any incorporated village described in this act may, after trustees have been appointed fts provided in this act, advance to said trustees, out of any funds of said village, such sum as is necessary, not exceeding five hundred dollars, for carrying the object for which they were appointed into effect, and said sum shall be repaid out the trust fund provided for in this act when raised. Sec. 12. Deeds and contracts may be made, and proceed- ings for appropriations and actions may be commenced, either in the name of such incorporated village providing the line of railway, or in the name of the trustees of railway (filling the blank with the name given to the' rail- way in the resolution), and said proceedings may be com- menced and conducted, either in the court of common pleas or probate court, as in other cases of appropriations for the UMe of aiunicipal corporations 100 Sbc. 13. This act bhall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the Hou^e of RepreseniaUtees R. G. RICHARDS, PreeiderU pro tem. of the Semite* Paased April 2, 1880. >ikiJki^B>*— ai^ftfatiMaMUKa [8eDateBillKo.6l.] AN ACT To amend aeciion 2^91 of the revised atattttes of Ohio. Sbctiom 1. Be U enacted by the General AsaevMy of the Stale of Ohio^ That section two thousand four hundred and ninety- one of the act entitled **an act to revise and consolidate the feneral statutes of Ohio/' passed June 20, 1879, took effect anuary 1, 1880, be so amended as to read as follows : Section 2491. A municipal corporation, in which any in- Munioipal oorporated gas company is organized under the laws of the oonwrationa state, shall have power to contract with such company for supplying with gas the streets, squares, and other public places in the corporate limits ; but this section shall be sub- lect to the restrictions in the last clause of section thirty-five hundred and fifty- one of said act. Sec 2. That said original section twenty-four hundred and ninety-one be and the same is hereby repealed. Sec 3. This act shall take effect and be in force from and after its passage. THOS. A COWGILL, Speaker of the House of Repre8»nJtatioe9. R G. RICHARDS, President pro tern, of the Senate, Passed April 2, 1880* make oon- ta'aot witb gMreonH paDy« (Senate BiU No. 121.} AN ACT To authorize certain townships to bnild railroads^ and to lease or operate the same. [WAYNB TOWNSHIP, NOBLE COUNTY.} Section 1. Be it enacted by the General Aseembly of the State of Ohio, That whenever in any township, which by the fed- eral census of 1870 had, and which by any subsequent federal census may have, a population of seven hundred and ninety- six (796), the township trustees thereof shall, by a resolution passed by a majority of the members elected thereto, declare 110 it to he essential to the interest of such township that a iiw of railway, to be named in said resolution, shoula be provided between termini designated therein in said township, not exceeding seven miles iii length, it shall be lawful for a board of trustees appointed as herein provided, and tbeyare hereby authorised to borrow as a fund for that pnrpose, not to ex- ceed the sum of twenty thousand dcdlars, and to issue bonds therefor, in the name of said township, bearing interest at a rate not exceeding six per centum per annum, payable semi- annually. Said bonds to be payable at such time and places, and in such sums as shall be deemed best by said board. Said bonds shall be signed and sealed by the president of eaid board, and attested by the derk of such township, who shall keep a register of the same, and they shall be secured by a moitgage on the iine of railway ana by the pledge of the faith of such township, and a tax wh^h it shall be the duty of the trustees thereof, annually, to levy (which tax shall not exceed three mills on the dollar in any one year), to pay the interest and provide a sinking fund for the final redemptioQ of said bonds: provided, that such township ehall not in any one year levy taxes to a greater amount than seventeen mills on the dollar, including the levy for eaid bonds : and provided, that no money shall be borrowed on bonds issued until after the question of providing the line of railway specified in said resolution shall be submitted to a vote of the qualified electors of such township, at a special election to be ordered by the township trustees thereof, of which not less than twenty days' notice shall be given by posting up notices at not less than five of the most publio places in each of the villages in such township, and by pub- lishing, for three successive weeks, such notice in a news- paper, printed in the county wherein such township is located, and of general circulation in such township: further provided, a majority of said electors, voting at such election, shall decide in favor of such line of railway. The returns of eaid election shall be made to the clerk of said township, and by him laid before the township trustees, who shall declare the result by resolution. The bonds issued under the authority of this section shall not be sold or disposed of for less than their par value. Sec. 2. If a majority of the votes cast at said election shall be in favor of providing a line of railway, as specified in the first section, it shall be the duty of the township clerk, forthwith, to file a petition in theoourt of common pleas of the county in which such township is located, praying that the judge thereof will appoint five trustees, who shall be electors and freeholders of said township, to be called the trustees of railway (the blank to be filled with the name of the railway as given in the resolution), and it shall be the duty of said judge to make the appointment, and enter the same upon the minutes or journal of the court. They shall enter into bond to the township in such sum as the court Ill may direct, with one or more sufficient sureties to be ap- proved by the court, conditioned for the faithful discharge of their duties. The bond so taken shall be deposited with the township treasurer for safe keeping. Sec. 3. The said board of trustees and their successors shall be the trustees of said fund, and shall have the control and disbursement of the same. They shall expend said fund in procuring the right to construct, and in constructing a railway, with all the proper appendages, and, if deemed necessary, a line of telegraph between the termini specified in said resolution, and for the purpose aforesaid, shall have the power and capacity to make contracts, appoint, employ, and pay officers and agents, and to acquire, hold, and possess all the necessary real and personal property and Irancaises. They shall also have power to receive donations of land, money, bonds, and other personal property, and to dispose of tbe same in aid of said fund. Sec. 4. The said trusiees shall form a board, and shall choose one of their number presideni., who shall also be the acting trustee, with &uch powers as the board may, by reso- lutions, from time to time, confer upon him. A majority of said trustees sball constitute a quorum, and shall hold regu- lar meetings for tbe transaction of business, at their regular office in the township under whose action they are appointed, but they may adjourn, from time tp time, H m%^% kt any place they may think proper. They shall keep a record of their proceedings, and cause to be kept a full and accurate account of their disbursements, and make a report of the same to the township clerk, whenever requested to to do by a resolution of the township trttstees. No money shall m drawn from said fund but upon the order of said board, ex- cept their own compensation, which shall be paid out of the same upon the recommendation of the township trustees, by resolution, duly adopted and allowed by the court appoint- ing them. Sec 5. Said trustees shall have power to take such security from any officer, agent, or contractor chosen, or ap- pointea, or employed by them as they shall deem advisable. They shall not become surety for any such officer, agent, or contractor, or be interested, directly or indirectly, in any contract concerning said railway. They shall be responsible only for their own acts. Sec. 6. Whenever the tow u ship trustees, or any one of them, of any township under whose action a board of trus- tees has been appointed, as herein provided, shall have rea- son to believe that any one of the latter has failed in the faithful performance of his trust, it shall be the duty of such towntship trustees to apply to the court that appointed said board of trustees, by petition, praying that one be removed and another be appointed in his place, and if the said town- ship trustees shall fail to make application after request of any of, the holders of the bonds insued by said board of trus- 112 teas, or by a tax^payer of such township, such bondholder or tax-payer may file a petition in his own name, on the behalf of the holders of sucb bonds, for like relief, in any court hav- ing jurisdiction ; and if the court hearing the action shall adjudge in favor of the plaintiff, such court shall remove sach trustee and appoint another in his stead i and when a vacancy shall occur in said board from any other cause, it shah be filled upon like petition and In like manner. Sec. 7. Whenever, in the construction of a line of rail- way, as herein provided, it shall be necessary to appropriate land for the foundation of the abutments or pier of any bridge across any stream, or for any other purpose, or to ap- propriate any rights or Iranchises, proceedings shall be com- menced and conducted in accordance with the laws in foroe at the time for the appropriation of such private property for the use of corporations, except that the oath and verdict of the jury and judgment of the court shall be varied to suit the case. Sfic. 8. Whenever there shall be, between the termini designated in any resolution passed nnder this act, a railroad already partially constructed, or rights of way acquired therefor, which can be adopted as parts of the line provided for in said resolution, the trustees of said line may purchase or lease the said railroad, or right of way, and pay for the same out of the trust fund. S£C. 9. Whenever, in the construction of a line of rail- way) as herein provided, the said board of trustees shall find it necessary to Use or occupy any street, alley, or other pub- lic way, space, or ground, or any part thereof of any incor- porated village in said township, proceedings shall be com* menced and conducted in accordance with the laws in foroe at the time for the appropriation of such rights or easements by street railway corporations, except that the oath and ver- dict of the jury and the judgment of the court shall be so varied as to suit the case. Sec 10. On the final completion of any line of railway, constructed under the provisions of this act, the board of trustees shall have power to lease the same to any person or persons, or company, as will conform to the terms and con* ditions which shall be fixed and provided by the trustees of the township by which the line of railway is owned Sec. 11. That the trustees of any township described in this act may, after trustees have been appointed, as provided in this act, advance to said trustees, out of any funds of said township, such sum as is necessary, not exceeding five hun- dred dollars, for carrying the object for which they were ap- pointed into effect, and said sum shall be repaid out of the trust fund provided for in this act when raised. Sec 12. Deeds and contracts may be made, and proceed- ings for appropriations and actions may be commenced, either in the name ot such township providing the line of railway, or in the name of the trustees of •■■■ — - rail* 113 way (filling the blank with the name given to the railway in the resolution), and said proceedings may be commenced and conducted, either in the court of common pleas or pro- bate court, as in cases of appropriation for the use of mu- nicipal corporations. Sec. 13. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the Haufe of RepresenUUivei. R G. RICHARDS, President pro tern* cfthe Senate, Passed April 2, 1880. House Bill No. 254 ] AN ACT reoords. To amend an act entitled ''an «ot to amend section 907 of the reviaed statu tea of Ohio." Section 1. Be it enacted by the Qeneral Assembly of the State of Ohioy That said act, entitled ^' an act to amend section 907, chapter I, title 8, of the revised statutes of Ohio," as passed February 11, 1880, be so amended as to read as follows : Section 907, -Whenever any of the records of any county Re recording are destroyed in whole orin part, any map, plat, deed, convey- ll^^jy*** ance, mortgage, power of attorney, or other instrument in writ- ing, or record in any proceeding authorized by law to be re* corded, which affects real estate in the county, or the contin- uing rights of parties to such record, and of which the originals or exemplifications of the same have been before recorded, such originals or exemplifications, or certified copies of the former record, may be recorded in the proper office therefor; and in re-recording the same, the officer bhall record the cer- tificate of the previous record, the date of filing for record appearing on the original or certified certificate so recorded, shall be taken and held as the date of the recording of the instrument to which it is attached ; aud copies of records herein authorized to be made, duly certified, shall have the same force and effect, as evidence, as certified copies of the original record ; and when any of the instruments or records aforesaid shall be presented to the county recorder, or other officer, the proper custodian of such records, he shall forth- with record and index the same in accordance with the law for the original recording; and some competent person, en>- ployed for that purpose by the county commissioners, bhail compare such record with the instrument so recorded, and if the same has been correctly recorded, he shall certify on the margin of the page upon which such record has been made the correctness of the same ; and such recording officer shall receive compensation for recording any map or plat afore- said, not exceeding six lines, fifty cents, and for each addi- 8 lU tional line, two cents; &nd for any recording and indexing aforesaid, other than said map or plat, at the rate of not more than five cents for every hnndred words, said compensation to be paid out of the county treasury upon the allowance of the county commiesionerd : provided, that no bill for services under this section shall be allowed by the county commis- sioners until they are first duly satisfied that such services have been rendered, and the charges therefor are not in ex- cess of the rates herein provided. Sec. 2. That said act, entitled '* an act to amend section number 907, chapter 1, title 8, of the revised statutes of Ohio," as passed February 11, 1880, be and the same is hereby repealed. Bec. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Repreaentativee, R G. RICHARDS, PresidevU pro tem. of the Senate. Passed April 2, 1880. [House Bill No. 32a] AN ACT Relating to children's homes. Section 1. Be it enacted by the Oenerai Assembly of the SUxte of Ohio, That the following section be enacted as supplemen- tary to section 929 of the revised statutes, in the sectional numbering as herein provided for : - . - - Section 929a. That in all cases where any money or prop- eommon * ^^^7 ®^ ^^® amount or value of five thousand dollars or more, pleas may hasbeen or shall be ^iven to trustees or otherwise for the use appoint tros- and benefit of a children's home in any county of this state, t^ to take i^j^j lY^Q trustee or trustees, or other person or persons, having propertj control of Said money or property, or proposing to donate given to the same, shall, by petition, make known to a judge of the children's court of common pleas of such county, that he or they desire home. ^Y^g^^ ^ judge of said court shall perform the duties which are conferred upon county commissioners by section 930 of the revised statutes, it shall be the duty of said judge, on being satisfied of the existence of said trust or intention to donate to the amount aforesaid, to appoint trustees, and from time to time discharge all the duties which are by said section 930 imposed upon county commissioners, except that said trustees shall be first appointed on the presentation of said petition, and annually, as nearlv as may be convenient, thereafter ; and all orders made by a ludge in that behalf shall be forthwith entered on the journal of the court. 115 8ec. 2. A children's home, established and sustained as aforesaid, shall be entitled to the benefit of all.tbe provisions contained in sections 2181, 2182, 2183, 2184, 2185, and 4010 of said statutes. Sec. 3, The county commissioners, on the recommenda- Ooanty eom- tion of said trustees, may sell or exchange for other property "J,**y'2ell w any lands or tenements given or conveyed to them for the exi'iuuige use and benefit of a children's home. sach prop- Seo. 4. This act shall take effect and be in force from and ^^y* after its passage. THOS. A. COWGILL, Speaker of the House of Repreaentaitives, R. G. RICHARDS, Bre»de$U pP9 tem. oftks &fieUi. Passed April 1, 1890. Honve Bill Mo. 3d«. AM ACT Ta amend aeotion 1117 of the revised crtotatee. Skctiom 1. Be it enacted by the Oeneral AseetMy of the State cf OhWj That sectibn 1117 of the revised statutes of Ohio be amended to read as follows : Section 1117. The oounty treasurer, on settlement semi- Feesofooan- annually with the county auditor, shall be allowed as fees ty treMurer. on all moneys collected on the grand duplicate the following percentage ; on the first ten thousand dollars, two and one- half per cent. ; on the next ten thousand dollars, one and one- half; on the next ten thousand dollars, one; on the next ten thousand, seven-tenths of one ; on the next two hundred thousand dollars, five-tenths of one; and on all other or further sums, three-tenths of one; and on all moneys collected on any special duplicate, five-tenths of one ; and on all moneys collected otherwise than on the duplicate, the following percentage: on licenses, fines, forfeitures, or on bonds or recognicances, on the first one thousand dollars, eight ; and on all over one thousand dollars, four ; and on all other moneys collected on the first ten thousand dollars, eight-tenths; and all over that amount, four-tenths of one: but no compensation, percentage, commission, or fees, shall be allowed on any moneys received by him from the state treasurer, or from his predecessor in office, or the legal repre- sentatives or sureties of such predecessors, or on any moneys received from the proceeds of the bonds of the county, or of any municipal corporation. 116 Sbo. 2. Said original section eleven bandred and seTen* teen be and is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its ixassaoe. TH08. A. COWGILL, Speaker o/ ih^ House of Repruentativea^ R. G. RICHARDS, PreMentpro tern, of the Senate^ Passed April 2, 1880. HoQM Bill No. 18». AN ACT To amend section one tboYnand two hondred and thirty (123D) of the reviaed atatHtes* Section 1. Be it enacted by the General Amtmbly of the StaU of Ohioj That section 1230 of the revised statutes be so amended as to read as follows ; reeM of aher- Section 1230. The fees and compensation of sheriffs shall ^ be as follows : For every writ or summons, and the return thereof (sabpceiias only excepted), when only one defendant is named therein, thirty cents; each additional defendant, fifteen cents y levying each writ of execution on real or per- sonal estate, or the service of an order of arrest crpon the body of each defendant named in the writ, thirty cents, and mileage, as in other cases } every bail bond, thirty-five cents ; committing to prison or discharging therefrom, sixty cents ; attending a person before judge or court, sixty cents; serv- ing a writ of possession with the aid of the county, one dol- lar and fifty cents, and without the aid of the county, eighty cents ; the copy of any writ or process necessary to complete a service, for each hundrtd words, eight cents; serving and returning a subpoena, for each person named therein, ten cents; serving and returning a subpoena for each person named therein to appear before the grand jury, ten cents, to be paid by the county, upon the certificate of the clerk ; serving and returning venire for petit or grand jury, travel- ing fees included, to be paid by the county, four dollars and fifty cents ; or summoning a jury, to be allowed on each issue, including traveHng fees, forty cents ; summoning a special jury, including traveling fees (four dollars and fifty cents traveling fees), upon all writs, precepts, and subpoenas, eight cents per mile, going and returning : provided, that where more than one person be named in such writ, mileage shall be charged only for the shortest distance necessary to be traveled ; poundage on all moneys actually made and paid to the sheriff on execution, decree, or sale of real estate (ex- cept on writs for the sale of real estate in partition}, one and a half per centu.n on the first thousand dollars, and one 117 per eenttim on all sums over one thoasand declare; but when euch real estate is bid off and purchased by a party entitled to a part of the proceeds, the sneriff ehaU not be entiUed to any poundage except on the amount over and above the claims of such party ; service of copy of pleading and re- turn, the eame fees as are allowed for the service of a sum- mons, including mileage, as herein provided; making a deed of land sold on execution, decree, or order o^ court, to be paid by the purchaser, two dollars; serving any person with an order of court, and making return thereof, thirty cents, and mileage as on service of summons:; calling a jury, ten cents; opening a oourt and calling each action, to be charged but once each term of the court in which the cause is pending, twelve cents; calling each witness, five cents; bringing up a person on habeas corpus, eighty cents; sum- mooing a jury in forcible entry or detainer^ or in forcible entry only^ one dollar and seventy five cents; serving a writ of restitution, eighty cents, and mileage thereon as in other cases; calling aa inquf'st to appraise lands and tene- ments under execution, one dollar and twenty cents; all ad- vertisements in a newspaper, thirty cents, in addition to the price of printing; all written advertisements tor the sale of property, either real or personal, thirty -cents ; exe- cuting a writ of partition, one dollar and twenty cents, and traveling fees as in other cases; selling real estate under an order of court in partition, three fourths of one per centum where the amount of sales does not exceed two thousand dol- lars, and one fourth of one per centum on the amount over and above that sum. Sec. 2. That said original section one thousand two hun- dred and thirty be and the same is hereby repealed. Sec. S. This act shall take effect and be in force from And after its passage. THOS. A. COWGILL, Speaker of the House of Representaiivetu E. G. RICHARDS, President pro tern, of the Senate. Passed April 17, 1880. [HonseBiUNo. 414.} AN ACT To amend seoCioD 2554 of the cevifled etfttates. Bbction 1. Be it enacted by the Qenerol AseemUyofthe 8t(U$ mf Ohio^ That section 2554 of the revised statutes be amended so as to read as follows : Section 2554. All property within any village, in which there is a cemeterj established and maintained by such vil- 118 Property in Tillage rap- porting oem- etery exenipt from tax for Snrohase of eane for iownahip. lage, shall be exempt from taxes for the purchase or mainte- nance of cemeteries, or for the purchase of a hearse, or for the construetion of a vault, under the superintendence of the township trustees, and for the use of the township ex- elusive of the village. Sec. 2. That the said original section 2554 be and the same is hereby repealed. Seg. 3. This act shall take efiect and be in force from and after its p^sage. TH08. A. COWGILL, Speaker of the House of Repreaentati^es. R G. RICHARDS, Pre.ident pro iem, of the Smote. Passed April 2, 188a AlJowanee by ooQDty •ommiaeioo- era of dam- agea for aheep killed by doga. [Hoa8eBillNo.313.] AN ACT Supplementary to aectlon 4215 of the zeyiaed atatatea of Ohia a Section 1. Be it enacted by the (General Assembly of the State ej Ohio, That the following section be enacted as supplemen- tary to section 4215 of the revised statutes, and numbered as follows : Section 4215a. That anj surplus of funds arising from the per capita assessment upon dogs, transferred to the school fund under section 4215 in an j county unless otherwise directed by laWy shall be appointed [apportioned] to the different town^ ships or cities in proportion to the amount of tax actually collected from such townships or cities^ and said surplus, if any, shall be paid to the treasurers of the several townships or cities, as the case may be, and the treasurers of the several townships or cities shall pay on the order of the township clerk or city auditor, or comptroller, to each sub-district or special school district therein in proportion to its enumera* tion of youth of sehool age, for the use of the school er schools of said sub-district, or speeial school district, the amount found due the same from funds credited to the township or city ifrom surplus dog tax. Sxc. 2. This act shall be in force from and after its pa8»- **^' THOS. A. COWGILL, Speaker of the House of Representatives^ R. 6. RICHARDS, President pro tem. of ike SencM. Passed April 6, 188& 119 [Senate BUI No. 135.] To anthorize certain townships to baild railroads and to lease or operate the same. [beavsr township, noble county.] Section 1. Be it enacted by the General Assembly of the State of Ohio, That whenever in any township, which by the fed- eral census of 1870 had, and which by any subsequent federal census may have, a population of sixteen hundred and eighty-four (1684), the township trustees thereof shall, by a resolution passed by a majority of the members elected thereto, declare it to be essential to the interest of such township that a line of railway, to be named in said resolu- tion, should be provided between termini designated therein in said township, not exceeding seven miles in length, it shall be lawful for a board of trustees appointed as herein provided, and they are hereby authorized to borrow as a fund for that purpose, not to exceed the sum of twenty thou- Fand dollars, and to issue bonds therefor, in the name of said township, bearing interest at a rate not exceeding six per centum per annum, payable semi-annually. Said bonds to be payable at such time and places, and in such sums as shall be deemed best by said board. Said bonds shall be signed and sealed by the president of said board, and attested by the clerk of such township, who shall keep a register of the same, and they shall be secured by a mortgage on the line of railway and by the pledge of the faith of such town- ship, and a tax which it shall be the duty of the trustees thereof, annually, to levy (which tax shall not exceed three mills on the dollar in any one year), to pay interest and Erovide a sinking fund for the final redemption of said onds : provided, that such township shall not in any one year levy taxes to a greater amount than seventeen mills on the dollar, including the levy for said bonds : and, provided, that no money shall be borrowed on bonds issued until afier the question ot providing the line of railway specified in «aid resolution shall be submitted to a vote of the qualified electors of such township, at a special election to be ordered by the township trustees thereof, of which not less than twenty days' notice shall be given by posting up notices at not less than five of the most public places in each of the villages in such township, and by publishing, for three suc- cessive weeks, such notice in a newspaper, printed in the county wherein such township is located and of general cir- culation in such township : further provided, a majority of said electors, voting at such election, shall decide in favor of such line of railway. The returns of said election shall be made to the clerk of said township, and by him laid before the township trustees, who shall declare the result by reso- lution. The bonds issued under the authority of this section shall not be sold or disposed of for less than their par value. 120 Sec. 2. If a majority of the votes cast at said election shall be in favor of providing the line of railway, as speci- fied in the first section, it shall be the duty of the township clerk, forthwith, to file a petition in the court of common pleas in which such township is located, praying that the judge thereof will appoint five trustees, who shall be electors and freeholders of said township, to be called the trustees of railway (the blank to be filled with the name of the railway, as given in the resolution^, and it shall be the duty of said judge to make the appointment, and nnter the same upon the minutes or journal of the court. They shall enter into bond to the township in such sum as the court may direct, with one or more suflScient sureties to be approved by the court, conditioned for the faithful discharge of their duties. The bond so taken shall be deposited with the township treasurer for safe keeping. Sec. 3. The said board of trustees and their successors shall be the trustees of said fund, and shall have the control and disbursement of the same. They shall expend said fund in procuring the right to construct, and in constructing a railway, with all the proper appendages, and, if deemed necessary, a line of telegraph b-stween the termini specified in said resolution, and for the purpose aforesaid, shall have the power and capacity to make contracts, appoint, employ, and pay officers and agents, and to acquire, hold, and possess all the necessary real and personal property and franchises. They shall also have power to receive donations of land, money, bonds, and other personal property, and to dispose ot the same in aid of said fund. Sisc. 4. The said trustees shall form a board, and shall choose one of their number president, who shall also be the acting trustee, with such powers as the board may, by reso- lutions, from time to time, confer upon him. A majority of said trustees shall constitute a quorum, and shall hold regu- lar meetings for the transaction of business, at their regular office in the township under whose action they are ap> pointed, but they may adjourn, from time to time, to meet at any place they may think proper. They ^hall keep a record ot their proceedings, and cause to be kept a full and accurate account ol their disbursements, and make a report of the same to the township clerk, whenever requested so to do by a resolution of the township trustees. No money shall be drawn from said fund but upon the order of said board, except their own compensation which shall be paid out of the same upon the recommendation of the township trustees, by resolution, duly adopted and allowed by the court ap- pointing them. Sec. 5. Said trustees shall have power to take such secu- rity from any pfficer, agent, or contractor chosen, or ap- pointed, or employed by them as they shall deem advisable. They shall not become surety for any such officer, agent, or contractor, or be interested, directly or indirectly, 'in any 121 eontract coDcerning said railway. They shall be responsible only for their own acts. Sec. 6. Whenever the township trustees, or any one of them of any township under whose action a board of trustees has been appointed, as herein provided, shall have reason to believe that any one of the latter has failed in the faithful performance of his trust, it shall be the duty of such town- ship trustees to apply to the court that appointed said board of trustees, by petition, praying that one be removed and another be appointed in his place, and if the said township trustees shall fail to make application after request of any the holders of the bonds issued by said board of trustees, or by a tax-payer of such township, such bondholder or tax- payer may file a petition in his own name, on the behalf of the holders of such bonds, for like relief, in any court havinti^ jurisdiction; and if the court hearing the action, shall ad- judge in favor of the plaintifi, such court shall remove such trustee and appoint another in his stead ; and when a va- cancy shall occur in said board from any other cause, it shall be filled upon like petition and in like manner. Sec. 7. Whenever, in the construction of a line of rail- way, as herein provided, it shall be necessary to appropriate land for the foundation of the abutments or pier of any bridge across any stream, or for any other purpose, or to ap- propriate any rights or franchises, proceedings shall be com- menced and conducted in accordance with the laws in force at the time for the appropriation of such private property for the use of corporations, except that the oath and verdict of the jury and judgment of the court shall be varied to suit the case. Sec. 8. Whenever there shall be, between the termini designated in any resolution passed under this act, a rail- road already partially constructed, or rights of way acquired therefor, which can be adopted as parts of the line provided for in said resolution, the trustees of said line may purchase or lease the said railroad, or right of way, and pay for the same out of the trust fund. Sec. 9. Whenever, in the construction of a line of rail- way, as herein provided, the said board of trustees shall find it necessary to use or occupy any street, alley, or other pub- lic way, space, or ground, or any part thereof of any incor- porated village in said townrhip, proceedings shall be com- menced and conducted in accordance with the laws in force at the time for the appropriation of such rights or easements b^ street railway corporations, except that the oath and ver- dict of the jury and the judgment of the court shall be so varied as to suit the case. Sec. 10. On the final completion of any line of railway, constructed under the provisions of this act, the board of trustees shall have power to lease the same to any person, or persons, or company, as will conform to the terms and con- 122 ditions which shall be fixed and provided by the trustees of the township by which the line of railway is owned. Sec. 11. That the trustees of any township described in this act may, after trustees have been appointed, as provided in this act, advance to said trustees, out of any funds of said township, such sum as is necessary, not exceeding five hun- dred dollars, for carrying the object for which they were ap- pointed into efiect, and said sum shall be repaid out of the trust fund provided for in this act when raised. Sec. 12. Deeds and contracts may be made, and proceed- ings for appropriations and actions may be commenced, either in the name of such township providing the line of railway, or in the name of the trustees of railway (filling the blank with the name given to the railway in the resolution), and said proceedings may be commenced and conducted, either in the court of common pleas or probate court, as in cases of appropriation for the use of municipal corporations. Sec. 13. This act shall take effect and be in force [from] and after its passage. THOS. A. COWGILL, Speaker of Howe of Representatives, R. G. RICHARDS, President pro tern, of Senate, Passed April 6, 1880. Notice of pe- tition to seU real entate of religions dooiety. [House BiU No. 405.] AN ACT To amend section three thonRand seven hnndred and ninety-five of the revised statutes of Ohio. Section 1. Be it enacted by the General Assembly of the State of Ohio, That section 3795 of the revised statutes be amended so as to read as follows: Section 3795. The petitioners shall cause notice of the pendency and prayer of the petition to be published in some newspaper of general circulation in the county where the real estate proposed to be sold is situate, for four consecutive weeks before the time at which an order of sale will be asked for, and the case may be heard and decided at any time after the expiration of four weeks from the first publication of notice. Sec. 2. That said original section 3795 be and the same is hereby repealed. Sec. 3 This act shall apply to pending cases, and shall take efiect and be in force from and atter its passage. THOS. A. COWGILL, Speaker of the House of Representatives, R. G. RICHARDS. President pro tem, of the Senate, Parsed April 8, 1880. 123 [House BiU No. 478. J AN ACT To anthorise certain cities to build railroads and to lease or operate tbe sam^. [iRONTON.] Section 1. Beit enacted by the Oenercd Asstembly of the State of OhiOy That whenever in any city which by the federal census of 1870 had, and which by any subsequent fed- eral census may have, a population of five thousand six hundred and eighty-six (5,686), the city council thereof shall, by a resolution passed by a majority of the members elected thereto, declare it to be essential to the interest of such city that a line of railway, to be named in said reso- lution, should be provided between termini desis:nated therein, and situated wholly or partly in said cit^, it shall be lawful for a board of trustees appointed as herein provided, and they are hereby authorized to borrow as a fund for that purpose, not to exceed the sum of fifty thousand dollars, and to issue bonds therefor, in the name of said city, under the corporate seal thereof, bearing interest at a rate not exceeding six per centum per annum, payable semi- annually. Said bonds to be payable at such times and places, and in such sums as shall be deemed best by said board. Said bonds shall be signed and sealed by the president of said board and the mayor of said city, and attested by the clerk or auditor of said city, who shall kef>p a register of the same, and they shall be secured by the pledge of the faith of said city, and a tax which it shall be the duty of the said coun- cil annually to levy (which tax shall not exceed three mills on the dollar in any one year, in addition to the amount otherwise authorized bv law) to pay interest and provide a sinking fund for the final redemption of said bonds: pro- vided, that no money shall be borrowed on bonds issued until after the question of providing the line of railway specified in said resolution shall be submitted to a vote of the quali- fied electors of said city, at a S(>ecial election to be ordered by the council thereof, of which not less than twenty days' notice shall be given by publishing, for three successive weeks, such notice in the newspapers printed in the county wherein such city is located, and of general circulation in Buch city : further provided, a majority of said electors voting at such election shall decide in favor of such line of railway. The returns of said election shall be made to the city clerk, and by him be laid before the city council, who shall declare the result by resolution The bonds issued under the author- ity of this section shall not be sold or disposed of for les» than their par value. Sec. 2. If a majority of the votes cast at said election shall be in favor of providing the line of railway, as speci- fied in the first seetion^ it shall be the duty of the city 124 solicitor, forthwith, to file a petition in the court of common pleas in which such city is situate, praying that the judge thereof will appoint five trustees, who shall be electors and freeholders of said cHy, to be called the trustees of railway (the blank to be filled with the name of the railway, as (?iven in the resolution), and it shall be the duty of said judge, either in term time or vacation, to make the ap- pointment, and enter the same upon the minutes or journal of the court. They shall enter into bond to the city in such sum as the judge may direct, with one or more sufficient sureties to be approved by the judeje, conditioned for the faithful discharsre of their duties. The bond so taken shall be deposited with the treasurer of the city for Fafe keeping- Sec. 3. The said board of trustees and their successors shall be the trustees of said fund, and shall have the control and disburi^ementof the same. They shall expend said fund in procuring the right to construct, and in constructing a railway, with all the proper appendages, and, if deemed necessary, a line of telegraph oetween the termini speci- fied in said resolution; and for the purpose aforesaid, shall have the power and capacity to make contracts, ap- Eoint, employ, and pay officers and agents, and to acquire, old, and posspss all the necessary real and personal prop- erty and franchises. They shall also have power to receive donations of land, money, bonds, and other personal prop- erty, and to dispose of the same in aid of said fund. Sec. 4. Tbe said trustees shall form a board, and shall choose one of their number president, who shall also be the acting trustee, with such powers as the board may, by resolutions, from time to time, confer upon him. A majority of said trustees shall constitute a quorum, and they shall hold regular meetings for the transaction of business, at their office in the city under whose action they are appointed, but they may adjourn, from time to time, to meet at any time they may think proper. They shall keep a record of their proceedings, and cause to be kept a full and accurate account of their disbursements, and make 't report of tbe some to the city council annually, whenever requested so to do by a resolution of the city council. No money shall be drawn from said fund but upon the order of said board, ex- cept their own compensation, which shall be paid out of the same upon the recommendation of the city council and allow- ance by the court appointing them, and shall be apx)ortioned according to their respective services. ^ Sec. 6. Said trustees shall have power to take such secu- rity from any officer, agent, or contractor chosen, or appoint- ed, or employed by them as they shall deem advisable- They shall not become surety for any such officer, agent, or contractor, or be interested, directly or indirectly, in any contract concerning said railway. They shall be responsible only for their own acts. Ssc. 6. Whenever the city council of such city shall 126 have reason to belieye that any one of the said trustees has failed in the faithful performance of his trust, it shall be tbe duty of the council to instruct the city Bolicitor to apply to the court that appointed said board of. trustees, by peiiiion, praying that such trustee be removed and another Oe ap- pointed in his place, and if the said solicitor shall fail to make application after request of any of the holders of the bonds issued by eaid board of trustees, or by a tax-payer of such city, such bondholder or taxpayer may file a petition in his own name, on th^ behalf ot tHe holders of sucn bonds, for like relief, in any court having jurisdiction ; and if the court hearing the action shall adjudge in favor of the plain- tiff, such court shall remove such trustee and appoint another in his stead ; and when a vacancy shall occur in said board from any other cause, it shall be nlled in like manner. Skc. 7. Whenever in the construction of a line of rail- way, as herein provided, it shall be necessary ta appropriate land lor the foundation of the abutments or pier oi any bridge across any stream, or for any other purpose, or to ap- propriate any rights or franchises, proceedings shall be com- menced and conducted in accordance with the laws in lorce at the time for the appropriation of such private property for the use of municipal corporations, except that the oath and verdict of the jury and judgment of the court shall be varied to suit the case. Sec. 8. Whenever there shall be, between the termini designated in any resolution passed under this act, a railroad already, partially constructed, or rights of way acquired there- for, which can be adopted as parts of the line provided lor in said resolution, the trustees of said line may purchase or lease the said railroad or right of way, and pay lor the same out of the trust fund. Sbc. 9. Whenever, in the construction of a line of rail- way, as herein provided, the said board of trustees shall find it necessary to use or occupy any street, alley, or other pub- lic way, space, or ground, or any part thereof, they shall have the right so to do, upoa such terms as the city council, or other authorities having control thereot, may prescribe. S&c. 10. On the final completion of any line of railway, constructed under the provisions of this act, the board of trustees shah have power to lease the same to any person or persons, or company, that will conform to the terms and* conditions which shall be fixed and provided by the city council of the city by which the line of railway is owned, which terms may be fixed on said completion, or at any time prior thereto. Sfic. 11. The said city council may, after trustees have been appointed, as provided in this act, advance to said trus- tees, out of any funds of said city, such sum as is necessary, not exceeding dve hundred dollars, for carrying the object tor which they were appointed into effect, and said sum snail be repaid out of the fund provided for in this act when raised. 126 Sec. 12. Deeds and contracts may be made, and proceed- ings for appropriations and actions may be commenced, either in the name of sach city providing the line of rail- way, or in the name of the trustees of railway (till- ing the blank with the name given to the railway in the resolution), and said proceedings may be commenced and conducted, either in the court of common pleas or probate court, as in cases of appropriation for the use of municipal corporations. Sbc. 13. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Eepresentativee. R G. RICHARDS, JftresidtrU pro tern, of the Senate. Passed April 7, 1880. [SeoAte fiiU No. 2^0.] AN ACT To anioDil Mctton one of an aot entitled '*au act to aathoTice cities of the third grade of ibe second claes, witli a population, accoraing to the fed- eral ctJOHOB of lo70y of not ie8H than thirteen thonsaud iuhaibiiants, to boild railroads, ana to lease, operate, or sell the same," passed and took ett'ect March 27, IttoO. [SANDUBKY.] Section 1. BeU enacted by the General Assembly of the State of Ohioj That section one ot an act entitled *'an act to author- ize cities of the third grade of the second class, with a popu- lation, according to the federal census of 1670, ot not lees than thirteen thousand inhabitants, to build railroads, and to lease, operate, or sell the same," passed and took effect March 27, 1880, be so amended as to read as follows: Section 1. Whenever, in any city of the third grade of the second class, which by the federal census of 1870 had, and which by any subsequent federal census may have a popula- tion of not less than thirteen thousand inhabitants, the city council thereof shall, by resolution passed by a majority of the members elected thereto, declare it to be essential to the interest of such city that a line of railway, to be named in said resolution, should oe provided between termini depig- nated therein, one of whicn shall be such city, it shall be lawlul lor a board of trustees, appointed as herein provided, and they are hereby authorized to borrow as a fund for that purpose, not to exceed the sum of sixty thousand dollars, and to issue bonds therefor, in the name of 'SUch city, under the corporate seal thereof, bearing interest at a rate not to exceed six per centum per annum, payable semi- annually, aaid bonds to be payable at sucn times and places, and la such sums as shall be deemed best by said board Bald bonds / 127 Bfaall be 8ifi;ned by the president of said board, and attested by the clerk of such city, who shall keep a register of the same, and they may be secured by a mortgage on the line of railway, its net income, and by the pledge of the faith of such city, and a tax which it shall be the duty of the coun- cil thereof annually to levy (which tax shall not exceed two mills on the dollar in any one year), to pay the interest and Srovide a sinking fund for the final redemption of said onds : provided, that no money shall be borrowed on bonds issued, until after the question of providing the line of rail- way specified in said resolution shall be submitted to a vote of the qualified electors of such city, at a special election to be ordered by the city council thereof, of which not less than ten days' notice shall be given in two newspapers published in such city; and further provided, that a majority of said electors voting at such election shall decide in favor of such line of railway. The returns of said election shall be made to the clerk of said city, and by him laid before the city council, who shall declare the result by resolution. The bonds issued under the authority of this section shall not be sold or disposed of for less than their par value. Ssc. 2. That said original section one be and the same is hereby repealed. Sec. 3. This act shall be in force from and after its pas- sage. THOS. A. COWGILL, Speaker of (he Home of Representatives. R. G. RICHARDS, Prerident pro tern, of the Senate. Passed April 8, 1880. [House Bill No. 355.] AN ACT To antborize the pftyment and transfer of boanty funds to aid in the erec- tion of soldiers' monainents and monamental baildings. Section 1. Be it enacted by the General Aasembly of the State of Ohio, That whenever the trustees of any township, or the commissioners of any county in this state, in which there shall be any associ^ition existing under the laws of this state, for the erection of a soldiers' monument or monumental building, shall have the custody or care of bounty moneys collected during or at the close of the late rebellion, and which remain as a balance after the payment of all legiti- mate claims for said county, it shall be lawful, and such trustees or county commissioners are hereby authorized to deliver and transfer such moneys to the proper officers of such monumental associations, to be employed in the erec* tion of a soldiers' monument or monumental building: pro- vided, that before such funds shiill be transferred said trua- Balanee of boanty fond to be trans ferred to sol- diers' mona- mental elation. 128 tees or county commissioners may, at their discretion, re- quire security that the said funds shall be employed for the purpose of a monument or a monumental building, and not otherwise. Sec. 2. This act shall be in force from and after its pas- sage. THOS. A. COWGILL, Speaker of the House of hepresentatioeB. R. ti. RICHAKDS, President pro tern, of the Senate, Passed April 7^ 1880. [House BiU No. 430] AN ACT To ecQ power certain ooaoty agrioaUural societies to appropriate private property for the use of snch societies. Proceedings ft>r a ppro[i ri- al ioo of lands by Hanijlton •ouuty agri- cnltaral so- eiety. Board of di- rectors to prosecute proceedings. Section 1. Be it enacted by the Oeneral Assembly of the State of Ohio, That when it shall be deemed necessary by the board of directors of auy county agricultural society, in any county containing a city with a population of two hundred thousand inhabitants or more, to enlarge the fair grounds under the control of such eociety, and the owner or owners of the pro- posed addition to saiu grounds and the said board of directors are unable, irom any cause, to agree upon the ^ale and pur- chase of said additional grounds, the board shall make an accurate plat and description of the land which it desires for said purpose, and file the same with the probate judge of the proper county ; and thereupon the same proceedings ot ap- propriation shall be had which are provided for the appro- priation of private property by municipal corporations, said Doard to act for such society therein as the council would for the municipal corporation. Sec. 2. That if, under any existing law, it is made the duty of the county commissioners to purchase any such ad- ditional grounds for the use of any such society, said board of directors shall prosecute the said proceedings of appro- priation to their final conclusion, except so far as relates to payment, or any part of the purchase money, before said commissioners shall be called upon to act in the matter. All such payments or deposits, not exceeding fifteen thousand dollars ($15,000) in amount, shall be made by said commis- sioners when required so to do by said board of directors, or by the court, and no delay on the part of said commissioners 129 shall defeat of prevent the purchase or appropriation afore* said. Sec. 8. This act shall take effect and be in force from and after its passage^ THOS. A. COWGILL, Speaker of the House of RepreseTVlaiives, R. G. RICHARDS, President pro tern, of the Seriate. Passed April 8, 1880. [Senftte BiU No. 134.] AN ACT To amend sections eight thousand three hundred and ninety-two and eight thousand three hnndred and ninety-fonr of the revised statntes of Ohio. SscTioN 1. Beit enacted by the General Assembly of the State of Ohioy That sections eip;ht thousand three hundred and ninety-two and eight thousand three hundred and ninety- four of the revised statutes be and the same are hereby amended so as to read as follows : Section 8392. That whenever, in any incorporated village, Amending which by the federal census of 1870 had a population of not act anthor- less than two thousand three hundred and twenty-two, and ieing town of not more than two thousand three hundred and twenty four, ?^P/*y *" ., the village council thereof shall, by resolution passed by a ^"^^ * ''***' majority of the members elected thereto, declare it to be es- sential to the interests of such village that a line of railway, to be named in said resolution, should be provided between termini designated therein, one of which shall be such vil- lage ; it shall be lawful for a board of trustees, as herein pro- vided, and they are hereby authorized to borrow, as a fund for that purpose, not to exceed the sum of five per cent, of the value of the property on the tax duplicate of such in- corporated village, under the corporate seal thereof, bearing, interest at a rate not to exceed seven (7) per cent, per annum,, payable semi-annually,' said bonds to be payable at such times and places^ and in such sums as shall be deemed best by said boards said bonds shall be signed by the president of said board, and attested by the clerk of such incorporated village, who shall keep a register of the same, and they shall be secured by the pledge of the faith of said village ; and a tax, which it shall be the duty of the council thereot, annu'- ally, to levy, which tax shall not exceed five (5) mills on the dollar in any one year, to pav the interest and provide a sinking fund for the final redemption of said bonds: pro- vided, that said village shall not in any one year levy tax«s to a greater amount than fifteen (15) mills on the dollar, in- cluding the levy for said bonds : and provided, that no money shall be borrowed on bonds issued until after the question of 8 ^ ^ J> ■ mm *« 130 providing the line of railway, specified in said resolution, shall have been submitted to a vote of the qualified electors of such incorporated village, at a special election to be or- dered by the village council thereof, of which not less than ten (10) days' notice shall be given in the papers published in such village: and further provided, that a majority of said electors voting at said election shall decide in favor of said line of railway. The returns of said election shall be made to the clerk of said incorporated village, and be by him laid before the village council, who shall declare the result by resolution. The bonds issued under the authority of this section shall not be sold or disposed of for less than their par value. Section 8394. The said trustees and their successors shall be the trustees of said funds, and shall have the control and disbursement of the same ; they shall expend said fund in procuring the right to construct, and in constructing a single- track railway, with all the usual appendages, and for the purposes aforesaid shall have the power and capacity to make, contract, appoint, employ, and pay officers and agents, aud to acquire, hold and possess, all the necessary real and per- sonal property and franchise ; they shall aJso have power to receive donations of land, moneys, or bonds, and other per- sonal property, and to dispose ot the same in aid of said funds. Sec. 2. That said original sections number 8392 and 8394 be and the same are hereby repealed. Sec. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the Hcruse of RepresenUitives, R. G. RICHARDS, President pro, tern of the Senate. Passed April 7, 1880. Duties of district aasessor, his descrip- tion and yal- nation of eal estate. [Honse Bill No. 284.] AN ACT To amend section twenty-seven handred and ninety (*27j0) of the revised statutes. Section 1. Beit enacted by the Qeneral Assembly of the State of Ohio, That section twenty- seven hundred and ninety (2790) be amended so as to read as follows : Section 2790. It shall be the duty of each district assessor to make out from the maps and descriptions furnished him by the county auditor, aud from such other sources of infor- mation as shall be in his power, a correct and pertinent description of each tract and lot of real property in his dis- trict; and when he shall deem it necessary to obtain an accurate description of any separate tract or lot in his dis- 131 olution. trict, he may require the owner ort)ccupier thereof to furnish eiecton ^^^ same, with any title papers he may have in his posses- be or- ^^^^ » ^ ^^ such owner or occupier, upon demand made for 88 tfaui ^ same, shall neglect or refuse to furnish a satisfactory blished description of such parcel of real property to such assessor, ^jj ^ he may employ a competent surveyor to make out a descrip- avorof ^^^^ ^^ ^^® boundaries and location thereof, and a statement iall be ^^ ^^^ quantity of land therein, and the expense of such » • survey shall be returned by such assessor to the auditor of result ^^^ county, who shall add the same to the tax assessed upon ofthis such real property; and it shall be collected by the treasurer their ^^ ^^® county with such tax, and when collected, shall be paid on demand to the person to whom the same is due; and V It he shall, in all cases from actual view, and from the best 1 And sources of information within his reach, determine as near 1 . CLS practicable the true value of each separate tract and lot J of real property in his district, according to the rules pre- •^fhfi scribed by this chapter for valuing real property ; and he T. shall note in his plat-book, separately, the value ot all dwell- ^ ! ing houses, mills, and other buildings, which exceed one hundred dc41ars in value, on any tract of land or plat of land P^J^ not incorporated, or on any land or lot of land included in '^ ^ any municipdl corporation which shall be carried out as a P^.^' part of the value of such tract; he shall also enter on his ^ plat-book the number of acres of arable or plow land, the number of acres of meadow and pasture land, and the num- ber of acres of wood and uncultivated land in each tract, as , near as may be. [56 v. 176, § 27. °^ Sbc. 2. That [said] section 2790 of the revised statutes be and the same is hereby repealed. Ssc. 3. This act shall take eJQfect and be in force from and after its passage. THOS. A. COWGILL. ^peaJcer of the House of Representativee, R. G. RICHARDS, President pro tern, of the SenaM, Passed April 8, 1880. m [Senate BlU No. 216.1 AN ACT To aatiiorice certain cities to baild railroads, and to lease or operate the same. [PORTSMOUTH.] Section 1. Be it eruicted by the General Adsembly of the State of Ohio, That whenever, in any city of the second class, which by the federal census ol 1870 had, and which by any subsequent federal census may have, a population of ten thousand five hundred and ninety two nO,692) the city council thereof shall, by a resolution passed oy a majority of 132 « the members elected thereto, declare it to be esdential to the interests of such city that a line of railway, to be named in said resolution, should be provided between termini designated therein, and situatea wholly or partly in said city, it shall be lawful for a board of trustees, appointed as herein provided, and they are hereby authorized, to borrow as a fund for that purpK)Be not to exceed the sum of fifty thousand dollars, ana to issue bonds therefor, in the name of said city under the corporation seal thereof, bearing interest at a rate not exceeding six per centum per annum, payable semiannually. Said bonds to be payable ai such times and places, and in such sums as shall be deemed best by said board. Said bonds shall be signed and sealed by the president of said board, and the mayor of said city, and attested by the clerk or auditor of said city, who shall xeep a register of the same, and they shall be secured by the pledge of the faith of said citv, and a tax which it shall be the duty of the council annually to levy (which tax shall not exceed three mills on the dollar in any one year in addition to the amount otherwise authorized by law), to pay interest and. provide a sinking fund for the final redemption of said bonds : provided, that no money shall be borrowed on bonds issued until after the question of providing the line of rail- way specified in said resolution shall be submitted to a vote of the qualified electors of said city, at a special election to be ordered by the council thereof, of which not less than twenty days' notice shall be given by publishing, for three successive weeks, such notice in the newspapers, printed in the county wherein such city is located ana of general circu- lation in such city: further provided, a majority of said electors, voting at such election, shall decide in favor of said railway. The returns of* said election shall be made to the city clerk, acd by him be laid before the city council, who shall declare the result by resolution. The bonds issued under the authority of this section shall not be sold or disposed of for less than their par value. Sec. 2. If a majority of the votes cast at said election ehall be in favor of providing the line of railway, as specified in the first section, it shall be the dqty of the city solicitor, forthwith, to file a petition in the court of common pleas in which such city is situate, praying that the judge thereof will appoint five trustees, who shall be electors and freeholders of said city, to be called the trustees of railway (the blank to be filled with the name of the railway as given in the resolution), and it shall be the duty of said judge either in term time or vaca- tion to make the appointment, and enter the same upon the minutes or journals of the cou,rt. They shall enter into bond to the city m such sum as the judge may direct, with one or more sufficient sureties to be approved by the judge, condi- tioned for the faithful discharge of their duties. The bond las so taken shall be deposited with the treasurer of the city for safe keeping:. Sec. 3. The said board of trustees and their successors shall be the trustees of said fund, and shall have the control and disbursement of the same. They shall expend said fund in pr-ocuring the right to construct and in constructing a rail- way, with all the proper appendages, and, if deemed neces- sary, a line of telegraph between^the termini specified in said resolution, and for the purpose aforesaid, shall have the power and capacity to make contracts, appoint, employ, and pay officers and agents, and to acquire, hold, and possess, all the necessary real and personal property and franchises. They shall also have power to receive donations of land, money, bonds, and other personal property, and to dispose of the same in aid of said fund. Sec. 4. The said trustees shall form a board, and shall choose one of their number president, who shall also be the acting trustee, with such powers as the board may, by resolu- tion, from time to time, confer upon him. A majority of said trustees shall constitute a quorum, and they shall hold regular meetings for the transaction of business, at their office in the city, under whose action they are appointed, but they may adjourn, from time to tim^, to meet at any time they may thinR proper. They shall keep a record of their proceedings, and cause to be kept a full and accurate account of their disbursements, and make a report of the same to the city council annually and whenever requested so to do by a resolution of the city council No money shall be drawn from said fund but upon the order of said board, except their own compensation, which shall be paid out of the same, upon the recommendation of the city council and allowance by the court appointing them, and shall be appor- tioned according to their respective services. Sec. 5. Said trustees shall have power to take such security from any officer, agent, or contractor chosen, or appointed, or employed by them as they shall deem advis- able. They shall not become surety for any such officer, agent, or contractor, or be interested, directly or indirectly, in any contract concerning said railway. They shall be responsible only for their own acts. Sec. 6. Whenever the city council of such city shall have reason to believe that any one of said trustees has failed in the faithful performance of his trust, it shall be the duty of the council to instruct the citv solicitor to apply to the court that appointed said board of trustees, by petition, praying that such trustee be removed, and another be appointed in his place, and if the said solicitor shall fail to make appli- cation after request of any of the holders of the bonds issued by said board of trustees, or by a tax-payer of such city, such bondholder or tax-payer may file a petition in his own name, on the behalf of the holders of such bonds, for like relief, in any court having jurisdiction ; and if the court hearing the action 134 shall judge in favor of the plaintiff, such court shall remove such trustee and appoint another in his stead ; and when a vacancy shall occur in said board from any other cause, it shall be filled in like manner. Sec. 7. Whenever, in the construction of a line of railway, as herein provided, it shall be necessary to appropriate land for the foundation of the abutments or pier of any bridge across any stream, or for any other purpose, or to appropriate any rights or franchises, proceedings shall be commenced and conducted in accordance with the laws in force at ^he time for the appropriation of such private property for the use of municipal corporations, except that tne oath and verdict of the jury, and judgment of the court, shall be varied to suit the case. Sec. 8. Whenever there shall be, between the termini designated in any resolution passed under this act, a rail- road already partially constructed, or rights of way acquired therefor, which can be adopted as parts of the line provided for in said resolution, the trustees of said line may purchase or lease the said railroad, or right pf way, and pay for the same out of the trust fund. Skc. 9. Whenever, in the construction of a line of railway, as herein provided, the said board of trustees shall find it necessary to use or occupy any street, alley, or other public way, space, or ground, or any part thereof, they shall have the right so to do, upon such terms as the city council, or other authorities having control thereof, may prescribe. Sec. 10. On the final completion of any line of railway, constructed under the provisions of this act, the board of trustees shall have power to lease the same to any person or persons, or company, that will conform to the terms and con- ditions which shall be fixed and provided by the city council of the city by which the line of railway is owned, which terms may be fixed on said completion, or at any time prior thereto. Sec. 11. That the said city council may, after trustees have been appointed as provided in this act, advance to said trustees, out of any funds of said city, such sum as is neces- sary, not exceeding five hundred dollars, for carrying the object for which they were appointed into effect, and said sum shall be repaid out of the fund provided for in this act when raised. Sec. 12. Deeds and contracts may be made, and proceed- ings for appropriations and actions may be commenced, eitner in the name of such city providing the line of railway, or in the name of the trustees of railway (filling the blank with the name given to the railway in the resolution), and said proceedings may be commenced and conducted, either in the court of common pleas or probate court, as in cases of appropriations for the use of municipal corpora- tions. 136 Sec. 13. This act bhall take effect and be in force from and after its passage. TH08. A. COWGILL, Speaker of the House of RepreseniaUvea. R. G. RICHARDS, President pro tern, of the Senate. Passed April 7, 1880. [HoaseBUlNo. 182.] AN ACT To amend Beotion 1521 of the revised etatutes. Section 1. Be it enacted by the OeneraX Assembly of the State of Ohio^ That section 1521 of the act passed June 20, 1879, entitled "an act to revise and consolidate the general stat- utes of Ohio," be so amended as to read as follows : Section 1621. The assessor is authorized and required to Assessor to administer an oath to every person upon whom he calls to administer list property for taxation. Should the assessor neglect to ^^ Ha^iu^*^' administer eaid oath, for every such offense, he shall be fined property for not less than fifty nor more than two hundred dollars, unless taxation, such person declines to take such oath, or is unable from PeDftlty for sickness or absence. ^^^ Sec. 2. That said section 1521 of the above entitled act, be and is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its passage. THOS. A COWGILL, Speaker of the House of Representatives, R G. RICHARDS, Preeii&nt pro tern, of the Seruxte, Passed April 8, 1880. [HonseBiUNo. 105.] AN ACT To amend section 6968 of the revised statutes. Section 1. Be it enacted by the General Assembly of the State of Ohio, That section 6968 of the revised statutes of Ohio, be so amended as to read as follows : Section 6968. Whoever in any of the waters of any creek, unlawful to river, canal, lake, pond, or reservoir, or in any body of water, kill or catch whether artificial or natural, lying within the state of Ohio, ?*\®^?®P* , except the waters of Lake Erie, Mercer county reservoir, jine^ any Laramie reservoir, in Shelby county, and Licking reservoir, time, except kills or catches in any other way than by hook and line, in certain shot-gun, or spearing, any fish, except minnows, or owns or waters. 136 Catching fish in private ponds. Unlawfal to ciktch fish, except with hook and lice, in cer- tain waters between the twenty- fonrth ot May and first of Sep- tember. Penalty. Fishing ma- terial, nets, etc., to be held for pay- ment of fines. possesses any fish-pond, fish- net, fish- trap, or fish-seine, ex- cept seines to catch minnows, in or connected with any of the waters of the state of Ohio, except the waters of Lake Erie, Mercer county reservoir, Laramie reservoir, in Shelby county, and Licking reservoir, or whoever, in any way, ma- liciously disturbs any fish in any private fish-pond, shall be fined for each offense not more than fifty dollars nor less than ten dollars, or imprisonment [imprisoned] not more than sixty days nor less than ten days ; and it shall be unlaw- ful to catch or destroy any fish in any manner, except with hook and line, shot-gun, or spearing, during the spawning season, except in reservoirs containing one thousand acres or more, and the waters of Lake Erie, and the bays tributary thereunto, from the first day of April to the fifteenth day of June, with the same penalties for a violation of this provi- sion as herein prescribed in other cases. Section 6968a. It shall be unlawful for any fisherman, fish-dealer, or other person, to catch, except with hook and line, any fish, except minnows, in the waters of Lake Erie, and bays tributary thereunto, between the twenty-fourth (24th) day of May, and the first day (Ist) of September in e^tch year; or buy, sell, or offer for sale, any fresh or salted fish so caught in said waters, except with hook and line, be- tween the twenty-fourth (24th) day of May and the first (1st) day of September ; and it shall be unlawful to take white- fish with gill-nets in the waters of Lake Erie during the spawning season. Section 69686. Any person infringing upon any of the provisions of this act, shall be deemed guiitv of a misde- meanor, and upon conviction thereof, be fined in any sum not exceeding fifty dollars nor less than • ten dollars, or be imprisoned not more than sixty days nor less than ten days, or Doth, at the option of the court, for each offense, and the mayors of cities and all justices of the peace shall have juris- diction. . Section 6968c Any and all nets and fishing material in the possession of any person as principal or agent, used in the infringement of any of the provisions of this act, shall be held for the payment of any fines assessed or costs accru- ing in prosecutions under this act ; and any person is hereby authorized to make complaint and prosecute for infringe- ment of any provision of thiw act, receiving therefor one- half of any fine assessed in money for such infringement. Sbc. 2. That said section six thousand nine hundred and sixty-eight be and the same is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. R G RICHARDS, President pro tem, of the Senate. Passed April 7, 1880. 137 [ House BiU No. 306.] AN ACT To establish the fees and pay of certain county officers in conn ties havioff a population at the last federal census of not less than one hundred thousand, and not more than one hundred and fifty thousand inhabit- ants, being supplementary to sections 1013 to 1162, iDclusive, and amendatory of sections 1341, 1345, 1347, 1355, and 1358 of the revised statutes (yoI. 1). Section 1, Be it enacted by the OenercU Assembly of the State of Ohio^ Ti)at in all counties of the state, having at the last federal census a population of not less than one hundred thousand and not more than one hundred and fifty thousand inhabitants, the fees and pay of the county recorder, the county auditor, and the county treasurer, shall be as follows: Sbo. 2. The fees of the county recorder shall be for re- Feesof ooun- cording a mortgage, deed, conveyance, power of attorney. *y jjoorder or other instrument of writing, ten cents for every hundrea JJJnnty *^* words actually written on the records, and ten cents for in- dexing the same, to be paid on the presentation of such in- struments for record ; for certifying copy from the re^ords^ ten cents for every hundred words; for recording assignment or satisfaction of mortgage, or discharge of a soldier, twenty- five cents ; for every search of the record, without copy, fif- teen cents ; for recording any plat, not exceeding six lines, one dollar, and for each additional line, five cents, and the recorder shall be* allowed such further compensation as is provided for in section 1158 of the revised statutes. Sec. 3. The fees and compensation of the county auditor Feesofcoun- shall be the same as is provided in sections 1069, 1070, 1071, ty auditor in 1072, 1073, and 1076 of the revised statutes; and in addition ^^^^^^^^ thereto, in lieu of the fees and compensation provided for in ^°° ^' sections 1074 and 1075 of the revised statutes, he shall re- ceive fees as follows : For placing on the grand duplicate special assessments and sewerage taxes, as certified oy the city auditor, for each description of property sought to be assessed, eight cents: provided, that such allowance shall not exceed five-tefiths of one per cent, of the amount actu- ally collected. Sec. 4. The fees and compensation of the county treasurer pees and shall be as follows : On settlement, semi-annually, with, the oompensa- auditor, he shall be allowed on all moneys collected on the *ion ^^ ^^^' grand duplicate, as follows : On the first ten thousand dol- P cuySSa lars, two and one-half per cent. ; on the next ten thousand oounty. dollars, one and one-half per cent. ; on the next ten thou- sand dollars, one per cent. ; on the next two hundred thou- sand dollars, seven-tenths of one per cent. ; on all moneys collected for school purposes, such compensation as is pro- vided in section 3960 of the revised statutes ; on all moneys collected on any special duplicate, seven-tenihe of one per cent. ; on all other moneys collected on the tax duplicate, four-tenths of one per cent., and on all moneys collected 138 Fees of ooan- ty officers in Hftmilton OOTID ty to be paid over to oounty. Salaries of connty offi- cers in Ham- ilton oonnty. County or oommission- ers not liable for payment of salaries except out of fee fond. otherwise than on the duplicate, the following percentage on licenses, fines, forfeitures, bonds, recognizances : on the first one thousand dollars, ten per cent., and on all over one thousand dollars, five per cent. ; and on all other moneys col- lected, on the first ten thousand dollars, one per cent., and on any excess, five-tenths of one per cent. ; but no compen- sation, percentage, commission, or fees shall be allowed on any moneys received by him from the state treasurer, or from his predecessor in office, or the legal representative or sureties of such predecessor, or on any moneys received from the proceeds of the bonds of the county or of any mu- nicipal corporation. Sec. 5. That section 1341 of the revised statutes be amended to read as follows : Section 1341. The fees, costs, percentage, penalties, al- lowances, and all other perquisites of whatever kind, which, by law, the clerk of the courts, probate judge, sheriff, either as such, or as special master commissioner, or receiver in any case, treasurer, auditor, recorder, and coroner, in Ham- ilton county, may always receive and collect for any efficient services rendered : shall be received and collected by said officers, respectively, for the sole use of the treasury of said county as public moneys belonging to it, and shall be ac- counted for and paid over as such in the manner hereinafter provided. Sec. 6. That said section 1345 of the revised statutes be amended to read as follows : ' Section 1345. After deducting from the whole amount of the costs, fees, percentages, penalties, allowances, and per- quisites collected by said officers collectively during each year, the amount allowed and paid for the compensation of deputies, clerks, book-keepers, and other assistants, and other necessary expenses of said officers, each shall be allowed to receive an annual compensation for his services out of the costs, fees, percentages, allowances, perquisites, and penalties so collected and paid into the fee fund in Hamilton county, as follows: clerk, five thousand dollars; sheriff, five thousand dollars ; treasurer, seven thousand doUkrs ; auditor, five thousand dollars ; recorder, three thousand five hundred dollars; probate judge, five thousand dollars; and coroner, three thousand dollars ; which sums shall be paid to them quarterly out of the fee fund upon the warrant of the county auditor : it being the intent and meaning of this section to limit the maximum annual compensation, from every source of the officers named, to the sums herein named. Sec. 7. That section 1347 of the revised statutes be amended to read as follows : Section 1347. Nothing in the sections relating to the compensation of officers in Hamilton county shall be so con- strued as to make the county or the commissioners thereof liable to any of the officers named herein, or their deputies, clerks, book-keepers, or other assistants, for the payment of 139 any salaries or compensation except out of the fee fund of the county. Sec. 8. That section 1355 of the revised statutes be amended to read as follows : Section 1355. When the net accumulated fund in the Fee fond id county treasury to the credit of the fee fund arising from excels of fees, costs, percentages, penalties, allowances, or i)erquisites ?®'^*? ^^^ of the oflQces named herein exceed thirty thousand dollars fy„ed S^*" over and above the expenses of said officers, the county ooanty fund, auditor, upon the order of the county commissioners, shall transfer from said fee fund to the general f\ind, for the use of the county, any sum that has accumulated over and above the sum of thirty thousand dollars in Hamilton county. Sec. 9 That section 1358 of the revised statutes be amended to read as follows : Section 1358. Nothing in the preceding sections relating Fees to be to fees of officers in Hamilton county shall be construed to property of vest in any of said officers entitled to any of the fees, costs, co'i'^^y* percentages, penalties, or other perquisites remaining un- paid at the end of the official terms of such officers, but the same shall be the property of the county, to be collected by the successors in office and applied as herein provided Sec 10. That said original sections 1341, 1345, 1347, 1355, 1358, and also sections 1359 and 1364 of the revised statutes be and the same are hereby repealed. Sec 11. That this act shall not affect the fees or com- pensation of any officer elected and qualified prior to the first day of January, 1880. Sec 12. This act shall take effect and be in force frpm and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives, R. G. RICHARDS, President pro te>n. of the Senate. Passed April 8, 1880. [Hoaae BiU No. 468.] AN ACT To cede jarisdiotion to the United States of certain lands in the eity of Toledo. Section 1. Be it enacted by the Oenercbl Assembly of the State of Ohio, That jurisdiction of the land and the appurtenances thereto which may be purchased in the city of Toledo for the erection of a public building for the use aforesaid, be and is hereby ceded to the United States of America : pro- vided, however, that all civil and criminal process issued under the authority of siid state, or any officer thereof, may be executed on said land, and in said building that may be 140 erected thereon, in the same manner as if jurisdiction had not been ceded as aforesaid. Sbc. 2. That the land above described, with the appur- tenances and all buildings to be erected, and other property that may be thereon, shall hereafter be exempted from all state and county and municipal taxation and assessment whatever, so long as the same shall remain the property of the United States of America. Sec. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representativeg, R. G. RICHARDS, President pro tern, of the Senate. Passed April 9, 1880. Maoafaotnr- era of ginger- ale, 8aid from the general rand of the city not otherwise appropriated. This act shall be in force xrum ^^d aft^r its passage. THOS. A. COWGILL, Speaker of the House of Representatives, R. G. RICHARDS, Passed April 9, 1880. President pro tem. of the Senate, [HoaseBiHNo 4U3.] AN ACT To amend section 3698 of the revised statutes of Ohio. Section 1. Be it enacted by the General Assembly of the Slate of Ohio^ That section 3698 of the revised statutes of Ohio be amended to read as follows : Section 3698 The several county or district societies For what which may be formed under the provisions of the preceding premlams section shall, annually, offer and reward premiums for the im- may be of- provement of soils, tillage, crops, manures, implements, stock, ^^^J^fJ^^' articles of domestic industry, and such other articles, produc- sooieties. tions and improvements as they deem proper, and may per- form all such acts as they deem best calculated to promote the agricultural and household manufacturing interests of the district and of the state, and shall regulate the amount of premiums, and the different grades of the same, so that it shall be competent for small as well as large farmers to have an opportunity to compete therefor, and, in making their awards, special reference shall be had to the profits which accrue, or are likely to accrue from the improved 144 Rules for making sessments. Special as' fiesaments. mode of rftising the crop, or of improving the doil, Or fttoOk, or of the fabrication of the articles thus ofiered, bo that the premium shall be given for the most economical mode of im- provement; and all persons offering to compete for pre- miums on improved modes of tillage, or the production of any crops or other articles shall be required, before such premium is adjudged, to deliver to the awarding committee a full and correct statement of the process of such mode of tillage or production, and the expense and value of the same, with a view of showing accurately the profits derived or expected to be derived therefrom: provided, that during any year, when the state board of agriculture shall hold its fair upon the grounds of any county or district agricultural society, such society shall be excused, if its board of directors so de^ aide, from complying with the provisions of this section, and shall incur no forfeiture of its rights as such agricul-* tural society by reason of not holding such fair. Sec. 2. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives* R. G. RICHARDS, President pro tern, of the Senate* Passed April 9, 1880. ■1^ II ■-». .1 [House BUI No. 232 ] AN ACT To ametid eeotion two Choosand two hnodred and Bixty^nine (2^69) of the reyised Btatutee. Section 1. Be it enacted by the General Assembly of the State of OhiOf That section two thousand two hundred and sixty* nine (2269) of an act entitled ''an act to revise and consoii* date the general statutes of Ohio," passed June 20, 1879, be amended so as to read as follows, viz * Section 2269. In making a special assessment, according to valuation, the council shall be governed by the assessea value of the lots, if the land is subdivided and the lots are numbered and recorded ; but if the lots are not assessed for taxation, or if thera is land not subdivided into lots, the council shall fix the value of the lots or the value of the front of such land to the usual depths of lots by the average of two blocks, one of which shall oe next adjoining on each side, and if there are no blocks so adjoining, the council shall fix the value of the lots or lands to be assessed so that it will be a fair average of the assessed value of other lots in the Ineighborhood ; and if in making a special assessment by the foot front, there is land bounding or abutting said improve-* ment not subdivided into lots, or if there be lots numbered land recorded, bounding or abutting said improvements, and [lying lengthwise of said improvements, the council shall fix^ in like manner, the front of such land and such lots to the 146 usual depth of lots, so that there will be a fair average of the depth of lots in the neighborhood which are subject to such assessments, and this section shall be applicable to all special assessments provided for in this chapter. Sic. 2. Original section 2269 is hereby repealed. Ssc. 3. This act shall take effect from and after its passage. THOS. A. COWGILL, Speaker of the House of Repre9entajUifeB. R. G. RICHARDS, President pro tern, of the Senate, taaaei April 9, 1880. [House BUI No. 177.] AN ACT To amend seotione 4909 and 6684 of the revised statntee. Sbgtion 1. Be it enacted by the General Assembly of the SUxte of Ohio^ That sections four thousand nine hundred and nine and six thousand eight hundred and eighty-four of the re- vised statutes of Ohio be so amended as to read as follows : Section 4909. Any person or any board of education, or any sidewalks agricultural or religious society may appropriate, on either along roads side of anv public road of legal width, sufficient land to •'ittorized. construct thereon a public sidewalk not exceeding six feet in width; but such sidewalks shall not in any manner obstruct any private entrance or public highway. Section 6884. Whoever sets up any table, stand, tent, Obsteuoting wagon, or other article, to use or let for profit, on a public ^rtain siJe- foot-walk or sidewalk constructed by any person, or any walks, board of education, or any agricultural or religious society according to law, or rides, drives, leads, or hitches, any horse or other animal, on any such foot- walk or sidewalk, or in any other way obstructs the same, or digs up, or removes any of the material of which the same is composed, shall be fined not more than twenty -five nor less than five dollars, or imprisoned not more than ten days, or both. Sec. 2. That sections 4909 and 6884 are hereby repealed. Sec. 3. This act shall take efiect and be in force from and after its passage THOS. A. COWGILL, Speaker of the Howe of Representatives, R. G. RICHARDS. president pro tern, of the Senate, Passed April 9, 1880. 10 146 Seevetbe- powered to mTOstve- ■eiTeftiiidfl. May eloot troBteesto take charge of Bneh fondfl. Sooiely to fix tennsof tmsteeBand define their duties, powers, etc. liaj sae and be sued. Society may accept doha- tionfl. [Hoose BiU No. S3.] ▲V ACT Supplementary to section 3796 of the revised statutes of Ohio. SacTiON 1. Be U mouied by the Gfmmd AmmMy o/ the 8taie of OMOf That the following section be enacted as supple- mental^ to the above mentioned chapter of the revised stat- ntes, with sectional numbering, as herein provided : Section 8796a. That any secret benevolent association, or societv, incorporated under or by the laws of the state, which shall have any reserve or accumulated funds, or moneys, held by them for the purpose of endowment of the widows, orphans, families, or heirs of the members of such beiievolent society or association, shall have the right and power to invest such funds or moneys upon interest, and shall take securities for such investment upon real or per- sonal property, or otherwise, as such society or association may deem fit. Section 37966. Ai^7 s^oh association or society may elect a board of trustees, consisting of not less than three mem- bers, to whom they may entrust the right to manage, con- trol, take charge of, invest, collect, demand, receive, and de- posit all reserves, surplus, or accumulated funds or moneys, which such association or society holds or may hold, from time to time, for the purpose of such endowments as are named in the first section of this act. Section 3796c. Any association or society, as aforesaid, may, by law, define and limit the term of office of each and all of the said trustees ; may define the duties and powers of said trustees, and of said board of trustees; may remove either one for good cause ; may fill all vacancies occurring in said board ; shall demand from each of said trustees security for the faithful nerformance of their several duties, as it may deem fit ; shall nave power to cause investments to be made by said trustees, in the name or names of either or all of them, and in which name or names suit may be brought; may empower said trustees to discharge, acquit, and release all claims or demands of such association or society upon payment thereof. Such trustees may sue for any claim or demand, for any loan or investment heretofore made or here- after to be made by any such association or society ; and upon foreclosure of any mortgage held by such association or society, for any investment or loan, may purchase and hold any lands, tenements, or interest in land, in fee or otherwise, and may lease, rent, sell, and convey the same by deed. Section S796d. Any such association or society may sue or be sued, answer or be answered unto, plead or be impleaded in any court in this state. Section 8796«. Any such association or society shall have power to accept and receive any donation or voluntary con- tribution, may collect its assessments, which shall not ex- 147 oeed one-fifth of one per oentum of the amount payable at liaj pejr i the death of a member ; may pay endowmente in the mode °y]° y * . and to the persons named and provided by its laws, but in ijig 15000. no case exceeding in the aggregate five thousand dollars on the death of any one member. 8bo. 2. This act shall take effect and be in force from and after its passage. THOS- A. COWGILL^ Speaker of the Htmse of Rmreeewtatwea. R. O. RICHARDS, Breeidsnt pro imn. of the SmoUe. Passed April 9, 1880. [House BiU No. 307.] AN ACT To create the office of state Bapervisor of oils, and to amieiLd title three, chapter fifteen, of the revised statutes of Ohio. Section 1. Be U enacted by the General AaaevMy of the State of OhiOj That title three, chapter fifteen, of an act entitled ^'an act to revise and consolidate the general statutes of Ohio," passed June 20, 1879, be so amended as to read as fol- lows: Section 394. All mineral or petroleum oil, or any oil^ fluid. Manner of or substance which is a product of petroleum, or into which pe- inspection of troleum or any product of petroleum enters or is found as a I^^®^*™"* constituent element, whether manufactured within this ^ state or not, shall be examined as provided in this chapter, before being offered for sale or sold for consumption for illuminating purposes within the state ; and such inspection shall be conducted, as herein provided, in the foUowing manner : The test shall be made in a test-cup of metal or glass, cylindrical . in shape, two and a quarter inches in iameter, and four inches deep, both measurements being made inside the cup, and this cup shall be filled to within one quarter of an inch of the brim with the oil or other substance to be tested, taken at the ordinary temperature; the cup shall be placed in a water-bath sufficiently large to leave aclear space of one inch under the cup, and three-eighths of an inch around it, and in such manner as to project about one-quarter inch above the water-bath ; the space between the cups and the watefr-bath shall be nearly filled with cold water, taken at the ordinary temperature, and the cup being placed in the water -bath, the latter shall be heated by an alcohol lamp, with its flames so graduated that the rise in temperature from sixty degrees Fahrenheit to the highest temperature, shall not be less than two degrees per minute, and shall be as near two degrees per minute as is practicable, and shall in no case exceed four degrees per minute ; a Fahrenheit ther- 148 znometer shall be suspended in such a manner that the upper surfstce of its bulb shall be as near as practicable one quarter of an inch below the surface of the oil undergoing test ; as soon as the temperature reaches the point of ninety*eight degrees Fahrenheit, the lamp shall be removed from under the water-bath, and the oil shall then be allowed to rise to the temperature of one hundred degrees Fahrenheit, by the residual heat of the water, and at that poini the first test for flash shall be made as follows: A taper, hereinafter de- scribed, shall be lighted, and the surface of the oil shall be touched with the flame of the taj^'er, and it is lawful to apply this flame either to the center of the oil surface or to any or all parts of it, but the taper itself shall not be plunged into the oil, and if no flash takes place upon the first contract [con- tact] of the flame with the oil, the taper shall not be held in longer contract [contact],but shall be immediately withdrawn; if no flash takes place at the temperature of one hundred de- grees Fahrenheit, the lamp shall be replaced under the water- bath, and the temperature raised to one hundred and three de- grees, when the lamp shall be again withdrawn, and the oil allowed to rise to one hundred and five decrees by the residual heat of the water, when the test shall be made at one hundred and five degrees by again applying the flame of the taper, as hereinbefore specified ; if no flash occurs, the test shall be repeated as often as the oil gains five degrees in temperature, three degrees with the lamp under the water- bath and two degrees with the lamp removed ; these tests shall be repeated until the flash is obtained ; the supervisor shall further test the oil by applying the taper at every two degrees rise, without removing the lamp or stirring, but if a flash is obtained by this means by a less rise in tempera- ture than the five degrees herein required, he shall at once remove the lamp, stir the oil, and immediately apply the flame ; the taper used for testing may be made of any wood giving a clear flame, and it shall be made as slender as pos- sible, and with a tip not more than one sixteenth of an inch in thickness : no taper or match with sulphur upon it shall be used; unless the sulphur is removed before lighting; when the taper is lighted, it shall be applied to the oil im- mediately, that is to say before an ash or coal has had time to form on the end of the taper beyond the flame, and in ap- plying the taper the flame shall be made to touch the ou, but the taper itself shall not be brought in contact with the oil ; and if the taper is so brought in contact with the oil, but not held there longer than for the space of one sec- ondy and the oil flashes, the test shall not thereby be vitiate, but the supervisor shall immediatelv remove the lamp, and again test the oil by the flame, without allowing the body of the taper to touch the oil; no oil or other substance which, by the test herein described, flashes at any temporal ture below one hundred and twenty degrees Fahrenneit shall be allowed to be sold, or offered for sale, or consumed 149 for illuminating purposes in this state; but it shall be be deemed a sufficient compliance with the provisions of this section to test the oil or oils herein described by an ap- paratus known as the ^* Foster cup," or Foster's automatic oil -tester; and it is lawful to sell, for illuminating purposes, any oil or oils herein described, to be consumed within the state, which bear a flash test of one hundred and twenty degrees Fahrenheit, as shown by said apparatus ; and the state supervisor is hereby authorized to substitute the test by the Foster cup, or Foster's automatic oil -tester, instead oif the test by the open cup, as herein provided, if, in his judg- ment, by such a change a greater uniformity of test through- out the state will be secured. [75 v. 504, § 1.] Section 395. Immediately upon the taking effect of this Appoint- act, the governor shall appoint, by and with the advice and ment of state consent of the senate, a skilled and suitable person, who is ""^^^^^J not interested in manufacturing, dealing, or reducing any •^^^P'*"**- illuminating oils manufactured from petroleum, as state supervisor of oils, whose term of office is for three years, to commence from the 15th day of May, A. D. 1880, and until his successor is appointed and qualified; and in case of a vacancy occurring by death, resignation, or otherwise, the governor shall fill the same as provided in section twelve of the revised statutes of Ohio: provided, that the present state inspector of oils shall continue in office, and perform the duties of state supervisor of oils under this act until May 15, 1880. The supervisor, when so appointed and qualified, is empowered to appoint a suitable number of deputies, who are not interested in manufaturing, dealing, or vending any illu- minating oils manufactured from petroleum, who are empow- ered to perform the duties of inspection, and are liable to the same penalties as the supervisor; and the supervisor may remove any of the deputies for reasonable cause, and appoint others in their place: provided, that all deputy inspectors of oils now in office shall remain and perform the duties thereof under this act until May 15, 1880. The super- visor and bis deputies shall provide themselves, at their own xheix dntiM. expense, with the necessary instruments, and apparatus, and Btencils, brands, and stamps for testing and marking the quality of illuminating oils, and, when called upon for that purpose, to promptly inspect all oils herein mentioned, and to reject, for illuminating purposes for consumption in this state, all oils, which by being adulterated with naptha, benzine, parafine, or other light oils or other substance, or for any other reason, will not stand and be equal to the test herein prescribed. The supervisor shall prepare the forms of all stencils, brands, and stamps provided for in this chap- ter, and also such general regulations and rules for inspec- tion, not inconsistent with the terms and provisions of this chapter, and such rules and regulations shall be binding on all aeputy supervisors in the state. The supervisor and his deputies are required to test the quality of all mineral or 160 Setroleuzn oils, or any oil, fluid, or substance which is a pro- uct of petroleum, or into which petroleum or any proauot of petroleum, enters, or is found as a constituent element, which is offered or intended to be offered for sale for illumi- nating; purposes in this state ; and if, upon such testing or examination, the same meets the requirements herein sj^eci- fied, the supervisor or his deputies shall affix, by stencil or brand, on any package, cask, or barrel containing the same, and by a stamo sulicribed with his official signature the word '^ approvea," with the date of such inspection ; and it will then DC lawful for any manufacturer, vender, or dealer to sell the same, to be consumed within the state, as ah illuminator; but if the oil so tested does not meet such requirements, he shall mark by stencil or brand, in plain letters, on any package or barrel containing the same, and by a stamp subsbribea with his official signature, the words, '^ rejected for illuminating purposes," giving the date of such inspection : and it is unlawful for the owner thereof to sell oil so branded as rejected, to be consumed within the state for illuminating^ purposes; and if any person sells or offers for sale such rejected oil, he shall be deemed guilty of a mis- demeanor, and shall be subject to a penalty in any sum not less than one thousand dollars, or be imprisoned in the county jail not exceeding twenty days, or both. OMk and Section 396. Whoever is appointed state supervisor or bond of deputy supervisor shall, before he enters upon the discharge ■^KT^S of the duties of his office, take an oath of office, and file the •Dadepnttefl. g^j^^ jj^ ^^^ office of the secretary of state. The supervisor must execute a bond to the state in the sum of twenty thou- sand dollars, with sureties to be approved by the secretary of state, conditioned for the faithful performance of the duties imposed upon him by law, which bond shall be for the use of all persons in any way aggrieved or injured by the acts or neglect of the supervisor, and the same shall t>e filed with the secretary of state. The aeputy supervisors must each execute a bond to the state in the sum of five thousand dollars, with sureties to be approved by the judge of probate of the county where the deputy is located, and file, the same with the clerk of the court of common pleas in the county Their ftet. where he resides. The supervisor or aeputy supervisor is entitled to demand and receive from the owner or party calling on him, or for whom he performs the inspection, the sum of forty cents for a single barrel, package, or cask; twenty-five cents, ^ach, when the lot does not exceed ten in number j fifteen cents, each, when the lot does not exceed twenty in number; ten cents, each, when the lot does not exceed fifty in number; and five cents, each, for all lots exceeding fift^ barrels; and all fees so accruing shcdl be a BeeoKd of liei^ on the oil so inspected. Every supervisor or deputy iaspeotloii. supervisor shall keep a true and accurate record of all oils so inspected and branded by him, which record shall state the date of the inspection, number of barrels, and the name of 151 the person for whom inspected, and such record shall be open to the examination of any and all persons interested : and every deputy supervisor shall, on tne first Monday oi DemrtlMto each month, make a true and accurate return to the state makemonth- supervisor of all such inspections for the preceding month. ^fJjEi** £' ving the quantity inspected, the date of the inspection, and ■'^P*'^^**"^ e name of the person for whom it is inspected ; on the second Monday in January of each year, the state sujpervisor shall make and deliver to the governor a report or the in- spections by himself and deputies during the preceding calendar year. [75 v. 564, § 3.J Section 897. If any person for or as agent for any other sale of nniii- person, sells, or attempts to sell, to any person in this state, speotod oil. any such oils to be consumed within the state for illuminat- ing purposes, whether manufactured in the state or not, beiore havine the same inspected as provided in this chap- ter, he shall be fined in any sum not less than one hundred and not exceeding three hundred dollars; and if any person falsely brands any package, cask, or barrel, as provided in iSSJJ?^^ section three hundred and ninety-four (S94\ or refills or j^J^^eto. uses any package, cask, or barrel having the supervisor's brand thereon, without having the oil therein inspected, he shall be fined in any sum not exceeding five hundred dollars, nor less than one hundred dollars, or oe imprisoned in the county jail not exceeding six months, or both, at the discre- tion of the court. [75 v. 564, § 4.] Section 398. Whoever knowingly uses, for illuminating ndng imin- furposes, any oil or product of petroleum, except such oil speoted oiL nown as crude petroleum, before the same has been inspected and branded by the state supervisor or his deputy, as herein- after provided, shall be finea in any sum not exceeding one hundr^ed dollars, nor less than twenty dollars. [75 v. 564« § 5.] Section 399. Any person selling or dealing in illuminat- selling ing oils, produced from petroleum, who sells or disposes of empt^oasks any empty barrel, cask, or package, which has been branded 2j¥*^'i*^ by the supervisor or a deputy, before thoroughly canceling, »o™«">»m. removing, and efiacinff the inspection brand on the same, shall be fined fifty dollars for each barrel, cask, or package thus sold or disposed of. [74 v. 564, § 6.] Section 400. rfo person may adulterate with any substance Penal^ to whatever, for the purj^e of sale, or for use for illuminating adnlteratioii purposes, any oil obtained from petroleum, or obtained from ^ ®*^ coal, in such manner as to renaer it dangerous to use ; nor shall any person knowingly sell or ofTer for sale, any oil obtained from petroleum, or from coal, or from the products of either, for illuminating purposes within this state, which, by reason of being adulteratea, or for any reason whatever, will flash at a temperature less than one hundred and twenty degrees of Fahrenneit's thermometer, under the test herein prescribed ; but oils not bearing the test herein prescribed may be used in street lamps for lighting streets or public wharves, ways, or alleys, and also the gas or vapor from such 162 BesponBl- bUity of IMfftiM. Supervisor to enter oom- pUint for ▼iolations of limregoing proviflions. SoperyiBors not to traffic inoilB. LUbiUlyfor dftmageB. oils may be used for illuminating purposes when the oils from which said gas or vapor is seneratea are contained in reser- voirs under ground outside the building illuminated or lighted bv the gas ; and a person violating any of the pro- vijions of this section is guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not more than one year, or by a fine not exceeding five hundred dol- lars, or by such fine and imprisonment, at the discretion of the court. [75 v. 564, § 7.] Section 401. Whoever sells or keeps for sale, to be con- sumed in the state, any illuminating oil manufactured from petroleum or its products, and not inspected as provided in this chapter, shall be responsible to the party or parties in- i*ured for any violation of the provisions of this chapter by limself or by any clerk or person in his employ, in the sale of such oil. [75 v. 564, § 8 ] Section 402. The supervisor or any deputy supervisor who knows of the violation of any of the provisions of this chapter, shall enter complaint before any court of competent juris- diction against any person so offending ; and in case any supervisor or deputy supervisor having knowledge of the violation of the provisions of this chapter, neglects to enter complaint as required and provided for in this chapter, he shall be fined in any sum not exceeding five hundred dollars, and be removed from his position as such supervisor or deputy supervisor. Section 403. No supervisor or deputy supervisor shall, while in office, traffic, directly or indirectly, in any article in which petroleum or other product thereof is a constituent part, which he is appointed to inspect; and in case of any violation of the provisions of this section by any supervisor or deputy supervisor, he shall be fined in any sum not exceed- ing five bunared dollars, and be removed from his position as such supervisor or deputy supervisor. All prosecutions under this act shall be prosecuted in the name of the state of Ohio. All questions of dispute arising between the super- visors and manufacturers or dealers shall be submitted to the professor of chemistry in the Ohio state university, at Colum- bus, for consideration, and his decision shall be final. [75 v. 564, § 10.] Section 404. Whoever knowingly sells, or causes to be sold, any oil mentioned in this chapter for illuminating pur- poses, which is below one hundred and twenty degrees Fah- renheit, when tested as is provided in section three hundred and ninety-four, shall be liable to any person purchasing any of such oil, or to any person injured thereby, for all damages resulting from any explosion thereof; and it shall be no defense that the supervisor's brand was upon the cask, or package, or barrel from which the oil was taken. Sec. 2. Sections 394, 395, 396, 397, 398, 399, 400, 401, 403, 4(8, and 404 of the above recited act are hereby repealed. 163 Sbo. 8. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RepreemtaUves. R. G. RICHARDS, President pro tern, of Senate. Passed April 9, 1880. [Senate BUI Vo. 190.] AN ACT To amend seotions 3311 and 3313 of the reviaed atatatea of Ohio. Section 1. Be it enacted by the General Assembly of the State of Ohio^ That sections 8311 and 8812 of the revised statutes of this state be and the same are hereby so amended as to read as follows : Section 3811. Each company shall, as soon as convenient Bailioad after its organization, estaluish a principal or [general] of- companiea fice on some point on the line of its road (or on the line of 1^^^ eatab- any road within this state with which it connects or has ^iSfcf iffllw running arrangements), and may change the same at pleas- ure, and shall give public notice of such establishment or change, in some newspaper published on its line, within this state ; and the office of the president, secretary, and treas- urer of the company shall be kept at such principal or gen- eral office, or at some other point on the line of the road of the company within the state, and a record kept there of all the proceedings of the company, to be open at reasonable hours to the inspection of any stockholder of the company. Sec. 2. That said original sections 8811 and 8312 be and they are hereby repealed, and this act shall take effect from and after its passage. THOS. A. COWGILL. Speaker of the House of Representatives, R. G. RICHARDS. President pro tern of the Senate. Passed April 9, 1880. [Senate BiU No. 9.] AN ACT Supplementary to the act relating to citiea of the firat claM, having a population exoeeding one hnnared and fifty thooaand inhabltanta, pasaed May 4, 1869. Section 1. Be it enacted by the General Assembly of the State of OhiOy That it shall be lawful for the board of trustees, ap- pointed under the act to which this is supplementary, and they are hereby authorized to borrow, as a fund for the line r 154 J^witeetof of railway for which they are trastees, in addition to the wn^Mn amount authorised by eaia orisinal act, and the acta of Feb- nliioed ruary 24, 1876, and Hay 16, 1878, supplementary thereto, a aathoriMd Bum not to exceed thred hundred thousand dollarsi and to to bmow issue bonds therefor in the name and under the corporate sm^mSuL ^^ ^' *^® ^^*y owning the line of railway ; said bonds shall sue bonds ^ signed and attested in the same manner as the bonds au- theiefixr. thorized by the act to which this is supplementary, and shall be secured by a pledge of the faith of the city and a tax which shall be annually leyied by the council of said city on the real and personal property returned on the grand leyy, suflElcient to pay the interest, and prt)yide a sinking fund for their final redemption ; and they may be made pay- able, both as to principcQ and interest, in coin or lawful money, at such times and places and in such sums as shall be deemed best by said board : proyided, that none of the bonds authorized by this act shall bear a greater rate of in- terest than six per cent, per annum, nor be sold for less than par. May aoqnixe ^^^* ^* ^^^^ trustees may, in place of issuing the whole lands teter- or any part of the bonds proyidea for by the first section of minal fiMdli- this act, haye power to acquire, by lease, and hold lands for t*^ terminal facilities and rights of way thereto in the city owning the line of railway. The leases for the lands so ao" quired shall be made to and in the name and under the cor porate seal of said city ; they shall be siened and attested in the same manner as the bonas authorized by the act to which this act is supplementary, and the rents therein reseryed shall be secured by a coyenant that the council of said city will, annually, leyy a tax on the real and personal property thereof returned on the grand leyy, sufficient to pay the same: proyided, that the aggregate amount of the rents, hereby authorized, shall not exceed eighteen thousand dol- lars per annum, and proyided that the aggregate amount of the bonds issued, and the principal of the leases, which may be made under this act, shall not, together, exceed the sum of $300,000. Sbc. 3. Before issuing any of the bonds, or leasing any ImdB to be ^^ ^^^ lands or rights of way authorized by this act, said approYod by trustees shall apply to and receiye the approyal of a majority tnutees of of the trustees of the sinking fund of said city to such issue sinUngfand. of bonds and to every such lease, and all the leases of lands shall contain a proyision securing to said city the right to purchase or appropriate the fee simple of said lands upon the payment of the principal sum to oe fixed therein. Sbc. 4. It shall be the duty of the trustees of the sinking SSo ^ri^ fund of said city to annually certify, at the time and in the ing flind as ' manner required by law for certifying other taxes, the rate to rants of tax necessary to proyide for the payment of the rents ih'riZi/^to. ^^^^'^y *^^ heretofore authorized for bonds and rights of way fhorised, eto. ^f ^^^ railway ; and the council of said city shaU place the full amount so certified in the tax ordinance with the other 166 amounts certified by said trustees of the sinking fund, and with the same preference. The rate of tax so certified for said rents shall be in addition to the aggregate of taxes otherwise allowable in said city. Ssc. 5. It shall be lawful for the trustees appointed under the act to which this act is supplementary, and they are hereby authorized, with the approval of a majority of the trustees of the sinking fund of said city, whenever anjr con- troversy heretofore has arisen, or shall hereafter arise, in re- spect to the amount due or claimed to be due, to any con- tractor, employe, or other person engaged in the construction of said railroad, to compromise and adjust, upon such terms as may seem to them equitable and just, such claim or con- troversy. Sbc. 6. This act shall take effect from and afker its pas- sage. TH08. A. COWGILL, Speaker of Ae Heme of SepremMtivee. R. G. RICHARDS, Prerideni fro tern, of SmaJte. Passed April 9, 1880. < [Senate BiU No. 303.] AN ACT To anthorise certain mcorpwated villages to oonttmot machine shops and to issne bonds therefor. [bucybus.] Hection 1. Be U eruieted by the Oeneral AarnnJbhj of the 9Me of Ohio^ That the council of any incorporated village, which by the federal census of 1870 had, and which by anv subse- quent federal census may have, a population of three thousand and sixty-six is hereby authorizea to contract for and construct machine shops, and purchase real estate therefor, and for that purj>ose to issue bonds to the amount of fifty tnousand dol- lars in such denominations, and payable at such times as the village council shall, by resolution, determine. Such bonds shall be signed by the mayor, countersigned by the clerk, and attested by the corporate seal of such village, and shall bear interest at the rate of six per cent, per annum, payable semi-annually from the date thereof. Ssc. 2. That anv such village may negotiate such bonds for cash, or it may deliver the same in payment for such real estate, or for the construction of macnine shops, but in no case shall such bonds be disposed of at less than the par value thereof, and no contract shall be awarded until the contractor shall enter into bonds to such village in double the amount of such contract, conditioned that such con- I 156 tractor shall fally perform all the obligations imposed upon him by sach contract. Ssc. 3. That said village council is hereby authorized to lease said shops with or without the grounds upon which the same may be built, for such terms and on such conditions and reservations as may by it be determined by resolution ; or such village council may sell and convey said shops with or without the ground upon which the same are built, or contracted to be ouilt, lorsuch considerations and upon such terms, conditions, and reservations as may by it be deter- mined by resolution. Sec. 4. That the powers herein conferred shall in no case be exercised by any such village council until thereto au- thorized by a vote of the qualified electors of such village, taken at a general or special election held therein; that for the purpose of submitting such proposition to a vote of such electors, the clerk of such village, upon the passage of a res- olution by such village council, for that purpose, shall give notice of the time of holding such election, which shall be published in all the newspapers published in such village, whether English or German, at least ten days prior to tne day of holding such election. Such election shall be held at the usual place or places of holding elections, and by the of- ficers authorized to preside at elections in such village. The poll-books and tally-sheets of such elections shall be forth- with returned to the clerk of such village, who, with the mayor of said village, shall at any regular or special meet- ing of the village council, and in the presence of a quorum of such council proceed to canvass such vote, and the village clerk shall enter the number of votes cast for such proposi- tion, and the number of votes against such proposition in such village, and if it shall appear by the returns of such election that two*thirds of ail the electors voting at such election shall have voted in favor of such proposition, such village council shall be authorized to exercise the powers conferred by this act; and if two-thirds of such electors shall not have voted in favor of such proposition, such village council shall not exercise the powers conferred by this act. The ballots voted at such election shall have written or printed thereon the words, "Machine shops — yes;" "Machine shops — no." Sec 6. That the resolution of such village council herein provided for shall forthwith be entered by the village clerk upon the ordinance book of such village, and shall take ef- fect upon the passage thereof without publication, any pro- visions of the law to the contrary notwithstanding. Seo. 6. That all contracts or conveyances autnorized by this act shall, upon the part of such village, be signed by the mayor, countersigned by the clerk, and attested by the seal of such village : and the village council is hereby au- thorized to levy such tax upon the taxable property of such 157 village, each year thereafter, as may be necessary to pay the interest on each bonds as the same may become due, and to provide a sinking fund to pay the principal of such bonds at maturity. ,.,ri Sec. 7. That this act shall take effect and be in force[from and after its passage. 'i THOS. A.COWGILL,: Speaker of the House of Representatives. R. G. RICHARDS, president pro tern, of the Senate, Passed April 9, 1880. [Senate BiU No. 181.] AN ACT To aathoriae oertam towiuhipB to bntld railroads, and lo lease or operate the same. [pleasant township, van wbbt county.] Section 1. Be it ena/ied by the Oeneral Assembly of the State of Ohio, That whenever in any township, which by the federal census of 1870 had, and which by any subsequent federal cen- sus may have, a population of thirty-six hundred and eighty- three, the township trustees thereof shall, on the petition of not less that one hundred resident tax-payers of such town- ship, pass a resolution declaring it to be essential to the interest of such township that a line of railway shall be con- structed on the line to oe designated in said petition, and said railway shall be named in said resolution, and the ter- mini thereof shall be designated therein, and not to ei^ceed seven miles in length. It shall be lawful for a board of trus- tees appointed as herein provided, and they are hereby authorized to borrow as a fund for that purpose, not to ex- ceed the sum of forty thousand dollars, and to issue bonds therefor, in the name of said township, bearing interest at a rate not exceeding six per centum per annum, payable semi- annually. Said bonds to be payable at such time and places, and in such sums as shall be deemed best by said board. Said bonds shall be signed and sealed by the president of said board, and attested by the clerk of such township, who shall keep a register of the same, and they shall be secured by the pledge of the faith of such township, and a tax which it shidl be the duty of the trustees thereor, annually, to levy (which tax shall not exceed three mills on the dollar in any one year), to pay the interest and provide a sinking fund for final redemption of said bonds : and provided, that no mone^ shall be borrowed or bonds issued until after the question of providing the line of railway specified in said resolution shall be submitted to a vote of the qualified electors of such township, at a special election to be ordered by the 168 township trustees thereof, of which not less than twenty days' notice shall be given by posting up notices at not less than five of the most public places in each of the villages in such township, and by publisning, for three successive weeks, such notice in all the newspapers printed and of general circulation in such township : farther provided, three-fifths of said electors, voting at such election, shall decide in favor of such line of railway. The returns of said election shall be made to the clerk of said township, and by him laid before the township trustees, who shall declare the result by resolu- tion. The bonds issued under the authority of this section shall not be sold or disposed of for less than their par value. Sbg. 2. If three-fifths of the votes cast at said election shall be in favor of the construction of the line of railway, as specified in the first section, it shall be the duty of the township trustees to nominate five trustees, who shall be electors and freeholders of said township, to be called the trustees of railway (the blank to be filled with the name of the railway as given in the aforesaid resolution), and the same nominations shall be forthwith presented to the judge of the court of common pleas presiding in said county for bis approval or relection, and in case of his rejecting any of the persons named, then other nominations shall be made in like manner until said board is filled, and when said board shall be full, then the said judge shall make an order entering such appointment and approval on the minutes of the court oi which he is judge. The said judge shall also designate the amount of bond to be given by said trustees, each bond to be several, and shall be conditioned for the faithful performance of their duties as such trustees, which said bond shall be signed by not less than three sureties, and be aj^proved by the clerk of said court, and shall be signed in duplicate, one copy to be filed with the clerk of said court and the other with the treasurer of said township. And before entering upon the diecbarge of their duties, said trustees shall each take an oath of office, and that they will faithfully and honestly discbarge their duties as sucn trustees. Sec. 3. The said board of trustees and their successors shall be the trustees of said fund, and shall have the control and disbursement of the same. They shall expend said fund in procuring the right to construct, and in constructing a railway, with all the proper appendages, and, if deemed necessary, a line of telegraph between the termini specified in said resolution, and tor the purpose aforesaid^ shall have the power and capacity to make contracts, appoint, employ, and pay officers and agents, and to acquire, hold, and possess all the necessary real and personal property and franchise. They shall also have power to receive donations of land, money, bond^, and other personal property, and to dispose of the same in aid of said fund. The said trustees shall have the right to bring, maintain, and defend all actions, and to sue and be sued, plead and be impleaded, touching the said trust 169 and trust jxroperty in their own names as sach trustees, in any ard| how rnied Organiza- tion of board and appoint- ment of warden, steward, etc. Begnlar meetings of board, exam- ination of ao- ooantSi in- speotions, etc. (7393), seven thousand three hundred and ninety nine (7399), and seven thousand four hundred and one (7401) of the re- visoi btatutes be amended to read respectively as follows: Section 738). The government and management of the Ohio penitentiary shall be vested in a board ot five directors, appointed by the governor, by and with the advice and con- sent of the senate, within ten days after the passage of this act, one of whom shall hold his office until the first day of April, 1881, two until the first day of April, 1882, and two until the first day of April, 1883, and until their successors are appointed and qualified ; and each director, before he enters upon the duties of his office, shall take and subscribe an oath or affirmation of office, which shall be indorsed on his commission. Section 7390 Directors shall ba appointed by the gover- nor by and with the advice and consent of the senate, in the month of Mirch, each year hereafter, as the terms of office of those provided for in the preceding section and their suc- cessors expire, for the period of three years each from the first day of April next after their appointment and until their successors are appointed and qualified, and so as to make the number of such directors conform to that provided for in the preceding section, any one of which directors so appointed may be removed by the governor at his pleasure. A vacancy in the office of director for other cause than the expiration of the term shall be filled by appointment by the governor for the unexpired term, subject to the approval of the senate, if in session, and if not in session, subject to its approval at its first session thereafter Section 7392. The board of directors, within ten days from their appointment, shall meet in the city of Columbus, and elect one of their number president ot the board, to serve uniil the regular meeting in May thereafter, and shall appoint a warden, who shall hold his office for the term of three years from the first day of April after his appointment, unless sooner removed by the directors as provided in section seventy-four hundred and thirteen ; also a steward, a phy- sician, a chaplain, and a clerk, who shall hold their offices for two years, unless sooner removed, as provided in section seventy lour hundred and thirteen. Section 7393. The directors shall meet at the penitentiary on the first Tuesday of February, May, August, and Novem- ber, and examine the books and accounts of the clerk and steward; at least three of the directors shall visit the prison in company, on the first Tuesday of each month, and examine all the different departments, and examine all the claims against it ; and an insp ction of the prison shall be made at least once in each month, between the monthly meetings, by a director, on tne order of the board. 163 WABDEN. Section 7399. The warden shall reside in the peniten- tiary, in apartments to be assigned to him by the directors, and furnished at the expense of the state in a p!ain and Dotiwof sabstantial manner, and in the same manner shall be fur- wmiden. nished the necessary fuel and provisions for himself and family, under the direction and supervision of the directors ; and it shall be his duty : First — To carefully supervise the government, discipline, and police of the prison. Second — To give all necessary directions to the inferior officers and guards, and secure a careful and diligent dis- charge of trieir several duties Third — To examine daily into the state of the prison, and the health, condition, and safety of the convicts. Fourth — To report to the directors, at each quarterly meeting, the number of guards employed, their names and duties, and such other matters as may be required. Fifth — And generally to have charge of all . the depart- ments of the prison and its officers. [73 v. 35, § 6 ] Section 7401. The warden shall, by and with the consent of the board, appoint a deputy warden, assistant deputy ^p^^ ^ep- warden, and when the business requires it an assistant atyand clerk, superintendents of the jard, kitchen, state shops, and other ofll- hospital, a captain of the night-watch, and, subject to the ^^ right of the board, at any time, to ^^rder the number in- creased or diminished, as many guards as may be necessary, one from each county in the state, upon satisfactory appli- cation, until the proper number shall have been appointed, who shall hold their offices for the term of two years, unless sooner removed, as provided in section seventy four hundred and thirteen. Sec. 2. That said original sections 738 ', 7390, 7392, 7393, 7399, 7401 are hereby repealed ; and this act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RepreeenUUives, R. G. RICHARDS, President pro tern, of the Senate. Passed AprU 9, 1880. [Huaee Bill No. 4:^.] AN ACT Sopplenientary to seotion 1230 of the revised eta tn tee of Ohio. Section 1. Be & enacted by the Oenerai Assembly of the State Feee of eher- of Ohio^ That in all counties ia which there is a city of the |? ®' ^^^' second erade of the first class, the fees of the sheritf, upon ooonty in all land sales other than sales under execution, shall not land aalea. 164 exceed forty per cent, of that now provided by law, and in no case shall the fees for any one sale exceed five hundred dollars. Sec. 2. That in all such counties, no master commissioner miMieneriMi ^^^^ have power to make any sale of real estate hereafter to make Mies ordered, except when the bond of the sheriff shall be deemed of land ex- insuJBScient to afford proper security, in which case the court oept when ^Qay order the sheriff to give an additional bond, in such sum iff°i« ^insoffl- *^ ^^® court may direct, with sureties to be approved by the eient. court, and in default thereof may order such sale to be made by a master commissioner, who shall give such bond as the court may order. Sec. 3. That this act shall be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RepresmtaXivee. R. G. RICHARDS, Presid&ni pro tern, of the Senate, Passed April 10, 1880. r Senate BiU No. 196,3 AN ACT To authorize narrow-gange railroad compaDies, having a road partially oonstrncted, to issoe bonds for raising money to iinish its oontrnotion, and to fond its ontatanding indebtedoeaa and to parohaee roUing-stook. Session 1. Beit enacted by the Oeneral Assembly of the State raoffe^ail- ^f ^**^» That any railroad company having a gauge not ex- roadaathor- ceeding three feet, known as a narrow-gauge road, hereto- ized to iaene fore or that may be h^eafter incorporated under the laws of "**^'*bo™d'* this state, and having at leasffifty miles of completed road, ^'^^ ^ *■ and not exceeding six thousand dollars per mile of first mort- . gage bonds issued for each mile of completed road, for the purpose of funding its floating debt, or for the completion of its unfinished proposed line of road, or for the purchase of rolling stock, or for the erection of repair shops, or for the purchase of supplies necessary for the operation of said road, or for any or all of said purposes, shall be and the same is hereby authorized to issue its second mortgage bonds, bear- a rate of interest not exceeding seven per cent, per annum, secured by a second mortgage upfOn its entire property, renl and personal, and its franchise, for any amount not exceeding two-thirds of the amount of its authorized capital stock, and sell the same at such time and places, within or without the state, and at such rate as the directors of f aid railway com- Gny may deem for its best interest : provided said issue of nds and mortgage shall be authorized by a vote, either in person or by proxy, of the majority of the holders of paid 165 up stock; and provided, that previous to taking said vote thirty days' notice shall be given to the stockholders of said railway company, by publication in a newspaper of general circulation in each and every county through which the line of road is operated. Sec. 2. This act shall takA efitict and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RepresentcUivea. R G. RICHARDS, PreM&ni pro tern of the S&ruUe, Passed April 10, 1880. [ Senate BiU No. 187.] AN ACT To anthoriKe certain tow^nships to baild railroads, and to lease or operate the same. [DUBLIN TOWNSHIP, MERCER COUNTY ] Section 1. Be it enacted by the Otneral Assembly of the State of Ohio, That whenever in any township, which by the federal censqs of 1870 had, and which by any subsequent federal census may have, a population of one thousand five hundred and ninety-nine, the township trustees thereof shall, on the petition of fifty resident tax-payers of such township, pass a resolution declaring it to be essential to the interests of such township that a line of rail way shall be constructed on the line to be designated in said petition, and said railway shall be named in said resolution, and the termini thereof shall be designated therein, and not to exceed seven miles in length, it shall be lawful for a board of trustees appointed as herein f)rovided, and they are hereby authorized to borrow as a fund or that purpose not to exceed the sum of twenty thousand dollars, and to issue bonds therefor, in the name ot said town- ship, bearing interest at a rate not exceeding six per centum per annum, payable semiannually. Said Ixmds to be pay- able at such times and places, and in such sums as shall be deemed best by said board. Said bonds shall be signed and sealed by the president of said board, and attested by the clerk of such township, who shall keep a register of the- same, and they shall be secured by the pledge of the faith of such town- ship, and a tax which it shall be the duty of the trustees thereof, annually, to levy (which tax shall net exceed three mills on the dollar in any one year), to pay the interest and provide a sinking fund for the nnal redemption of said bonds: and provided, that no money shall be borrowed on bonds issuea until after the question of providing the line of rail- way specifiea in said resolution shall be submitted to a vote 166 of the qualified electors of such township, at a special elec- tion to be ordered by the township trustees thereof, of which not less than twenty days' notice shall be given by posting up notices at not less than five of the most public places in each of the villages of such township, and by publishing for three successive weeks such notice in a newspaper printed in the county wherein such township is located, and of general circulation in such township; further provided, a majority of said electors, voting at sucn election, shall decide in favor of such line of railway. The returns of said election shall be madtf to the clerk of said township, and by him laid before the township trustees, who shall declare the result by resolu- tion. The bonds issued under the authority of this section shall not be sold or disposed of for less than their par value. Sec. 2. If a majority of votes cast at said election shall be in favor of the construct! A of the line of railway, as specified in the first section, it shall be the duty of the township trus- tees to nominate five trustees, who shall be electors and free- holders of said township, to be called the trustees of railway (the blank to be filled with the name of the railway designated in Faid resolution), and the said nominations shall be forthwith presented to the judge of the court of common pleas in said county, for his approval or rejection, and in case of his rejecting any of the persons named, then other nom- inations shall be made in like manner until said board is filled; and when said board shall be filled, said judge shall order an entry to be made thereof on the mi nutes of s^ id court of the approval thereof. He shall also designate the amount of bond to be given by the said trustees, each bond to be several, and shall be conditioned for the faithful performance of their duties as such trustees, which said bond shall be signed by not lei's than three sureties, and be approved by the clerk of said court, and shall be signed in duplicate, one copy to be filed with the clerk of said court, and the other with the treas- urer of said township, and before enteringupon thedischarge of their duties they shall each take an oath of office, that they will faithfully and honestly discharge their duties as such trustees. Sec. 3. The said board of trustees and their successors shall be the trustees of said fund, and shall have the control and disbursement of the same. They shall expend said fund in procuring the right to construct, and in constructing a railway, with all the proper appendages, and, if deemed necessary, a line of telegraph between the termini specified in said resolution, and, for the purpose aforesaid, shall have the power and capacity to make contracts, appoint, employ, and pay officers and agents, and to acquire, hold, and possess hU the necessary real and personal property and franchises. They shall also have power to receive donations of land, money, bonds, and other personal property, and to dispose of the same in aid of said fund The said trustees shall have the right to bring, maintain, and defend all actions, and to 167 gae and be sued, plead and be impleaded, in tbeir own names as such trustees, in any of the courts of this state or else- where; they Fhall elect a treasurer, v'hose duty it shall be to draw from the treasurer of thn county all or any of said trust funds, upon the orderofthe said trustees, and thesaid treasurer shall give bond :n such sum as the trustees shall designate, which bond shall be signed by at least three sureties, and be approved by a majority of said trustees. Sbc. 4. Thesaid trustees shall form a board, and shall choose one of their number president, who shall also be the act- ing trustee, with such powers as the board may, by reso- lution, from time to time, confer upon him. A maj irity of paid trustees shall constitute a quorum, and shall hold regu- lar meetings for the transaction of business, at their regular office in the township under whose^ction they are appointed, but they may adjourn from time to time, to meet at any place they may think proper. They shall keep a record of their proceedings, and cause to be kept a full and accurate account of their disbursements, and make a report of the same to the township clerk, whenever requested to do so by a resolution of the township trustees. No money shall be drawn from said fund but upon the order. of said board, except their own compensation, which shall be paid out of the same upon the recommendation of the township trustees, by resolution duly adopted, and allowed by the court appoint- ing- them. Sec. 5. Said trustees shall have power to take such secu- rity from any officer, agent, or contractor chosen, or ap- pointed, or employed by them, as they shall de'^m advisable. They shall not become surety for any such officer, agent, or contractor, or be interested, directly or indirectly, in any contract concerning said railway. They shall be responsible only for their own acts. Sbc. 6. Whenever the township trustees, or any one of them, of any township under whose action a board of trustees has been appointed, as herein provided, shall have reason to believe that any one or more of said trustees has failed in the faithful performance ofhis trust, it shall be the duty of such township trustees to apply to the judge of the court of common Eleas, by petition, alleging such misconduct, and praying for isortheirremoval, and upon such removal the vacancy shall be ordered filled in the manner hereinbefore provided for; if the said township trustees shall fail to perform said duties, then upon the written request of not less than five resi- dent tax-payers, or upon the request of any of the bondholders of said township bonds, then, and in that case, such tax- payers or bondholders may file such petition for like relief, in the court of common pleas of said county, and if the court, upon hearing said petition, shall adjudge in favor of the petitioner, it shall remove such trustee or trustees, and any vacancy from this or any other cause shall be filled in the manner hereinbefore provided for. 168 Bbc. 7. Whenever, in the construction of a line of rail- way, as herein provided, it shall be necessary to appropriate land for the foundation of the abutments or pier of any bridge across any stream, or for any other purpose, or to ap- propriate any rights or franchises, proceedings phall be com** menced and conducted in accordance with the laws in force at the time for the appropriation of such private property for the use of corporations, except that the oath and verdict of the jury and judgment of the court shall be varied to suit the case. Sbc. 8 Whenever there shall be, between the termini designated in any resolution passed under this act, a rail- road already partially constructed, or rights of way acquired therefor, which can be adopted as parts of the line provided for in said resolution, th# trustees of said line may purchase or lease the said railroad, or right of way, and pay for the same out of the trust fund. Sec. 9. Whenever, in the construction of a line of rail- way, as herein provided, the said board of trustees shall find it necessary to use or occupy any street, alley, or other public way, space, or ground, or any part thereof of any incorporated vilage, proceedings shall be commenced and conducted in ac- cordance with the laws in force at the time for the appropria- tion of such rights or easements by railway corporations, except that the oath and verdict of the jury and the judg- ment of the court shall be so varied as to suit the case Sec. 10. On the final completion of any line of railway, constructed under the provisions of this act, the board of trustees shall have power to lease the same to any person or persons, or company, as will conform to the terms and con- ditions which shall be fixed and provided by the trustees of the township by which the line of railway is owned. Sec 11. Deeds and contracts may be made, and proceed- ings for appropriations and actions *may be commenced, either in the name of such township providing the line of railway, or in the name of the trustees of railway (filling the blank with the name given the railway in the resolu- tion), and said proceedings may be commenced and con-- ducted either in the court of common pleas or probate court, as in cases of appropriation for the use of municipal corpo- rasions Sec 12. This act shall take effect and be in force from ahd after its passage. JOHN A. WILLIAMSON, Speaker pro tern, of the House of Repr^aentativeB R G. RICHARDS, President pro tern, of the Senate. Passed April 10, 1880. 169 [HooM BiU No. 383 ] AN ACT To amend seotioBS 313, 314, 662, and 663 of the reTised sratotes. Section 1. Beii ena/iid by the OenercU Assembly of the State •/ Ohio, That sections three hundred and thirteen, three hundred and fourteen, six hundred and sixty-two, and six hundred and sixty three of the revised statutes of Ohio be Bo amended as to read as follows : Section 313. He shall have charge of the book-binding Superviaorof establishment at the institution for the education of the panting to deaf and dumb, and, subject to the approval of the superin- of book-*'** dent of that inst tution. the employment of one of that art bindiog at therein, practicably skilled in the art, and competent and estabiitth- fitted to teach the inmates in that art, selecting for this pur- '"W't at deaf pose, if practicable, an educated mu e, or person having a asylam. knowledge of the pign language. The compensation of such teacher shall be fixed by the superintendent and supervisor, not exceeding the maximum authorized by law. Section 314. He shall provide the materials, implements, i^hallprovide machinery, and fixtures necessary for the binding depart- aad have ment, and have control of the same ; superintend the ar- ®?°JT^^ ^^ rangement thereof, subject, however, to the concurrence of Jlirfal ^a-** the trustees as to the space occupied; and he shall have the chinery, etc. exclusive direction and management of the practical op«^ra* tion thereof in binding as a branch of the public service: but he shall so manage the business as to afford access and all proper facilities to the teachers in the discharge of their duties ; and he shall keep detailed accounts of all materials. To keep ao- machinery, tools, and fixtures by him purchased, and the counts, cost thereof, and of all work done, and materials consumed therefor; and also cause to be made bills in duplicate of all items of the property so purchased, one of which he shall .j,^ mukt and file and keep, and the other he shall certify as a voucher gie blliB of in behalf of the party from whom such purchase was made. allporobaMes. Section 662. The book-binding shall oe under the super- Binding to vision of the superintendent of public printing; and the bennderdi- superintendent shall assign from among the pupils, male reotion;of and female, such number, from time to time, as seems *apervUorof proper, and organize them into classes, and assign to each ^""* °*' class such portions of each day as will best harmonize with their ordinary studies, and at the same time give sufficient opportunity to the teachers of binding to attend to their in- struction ; and the superintendent and teachers shall meet and consult monthly, and make such change in the classes or order of instruction, and adopt such rules in regard there- to, as experience suggests, subject, however, to the approval of the trustees; and the printing shall be under the super- vision of the superintendent, who shall in like manner assign pupils and arrange them into classes, as provided for in regard to the art of teaching book-binding. 170 What bind- ) ng shall be done. SapervisoT to render moDtbly ao- ooant of XBoneys re- ceived. Section 663 The book binding for the state shall be done, as far as practicable, at this institution, and the supervisor of public printing shall have reference to this object in the organization of the businer^s and preparation for work. When the book-binding is let to others, the supervisor may arrange with the contractors to do any part of the work, in addition 'o the work for the state then let, that can be done at the institution on proper terms. If fair rates can not be had from such contractors to employ the pupils engaged in this department, the supervisor may contract for and per- form other binding. The supervisor shall, monthly, render an account to the auditor of state of all nroneys earned by this department, and pay into the state treasury all moneys received for such work. He shall, in his annual report, state particularly the capacity of the department with refer- ence to the work required by the state. Sec. 2. That sections 313, 314, 662, and 663 be and the same are hereby repealed. Sec. 3. This act shall take efifect from and after its pas- sage. THOS. A. COWGILL, Sptaker of the House of Representatives. R. G. RICHARDS, President pro tern, of the Senate, Passed April 9, 1880. [Senate BUI No. 186.] AN ACT To atithorize,<)ertftiii townships to bniJd railroads, and tojease or operate them. f PAULDING TOWNSHIP, PAULDING COUNTY ] Section 1. Beit enacted by tfw, Oeneral Assembly of the Slate of Ohio, That whenever in any township, which by the fed- eral census of 1870 had, and which by any subsequent fed- eral census may have, a population of four hundred and forty-eight (448), the township trustees thereof shall, on the petition of not less than twenty five (25) resident tax-payers of such township, pass a resolution declaring it to be essen- tial to the interests of sucn township that a line of railway shall constructed on the line to be designated in said peti- tion, and said railway shall be named in said resolution, and the termini thereof shall be designated therein, and not to exceed six miles in length. It shall be lawful foe a board of trustees appointed as herein provided, and they are hereby authorized to borrow, as a lund for that purpose, a sum of twelve thousand dollars, and to ibsue bonos therefor in the name of said township, bearing interest at a rate not exceeding seven per centum per annum, payable semi-anno- 171 ally ; paid bonds to be payable at such time and places, and in such sums as shall seem best by said board. Said bonds shall be signed and sealed by the president of said board, and attested by the clerk of said township, who sball keep a register of the same, and they Fhall be secured by thn plpdge of the faitri of such township, and a tax which it shall be the duty of the trustees thereof annually to levy (which tax shall not exceed five mills on the dollar in any one year), to pay the interest and provide a sinking fund for the final redemption of said bonds : and, provided, that no money shall be borrowed or bonds issued until after the question of pro- viding the line of railway specified in said reFolution shall be submitted to a vote of the qualified electors of such town- ship, at a special election to be ordered by the township trustees thereof, of which not less than twenty days' notice shall be given, by posting up notices at not less than five of the most public places in such township, and by publishing for three successive weeks such notice in a newspaper, printed in the county wherein such township is located, and of general circulation in such township: further provided, a majority of Siid electors voting at such election shall de- cide in favor of such line of railway. The returns of said election shall be made to the clerk of said township, and by him laid before the township trustees, who shall declare the result by re.«olution. The bonds issued under the authority of this section shall not be sold or disposed of for less than their par value. Sec 2. If the majority of the votes cast at said election shall be in favor of the construction of the line of railway, as specified in the first section, it shall be the duty of the town- Fnip trustees to nominate five trustees, who shall be electors and freeholders of said township, to be called the trustees of railway (the blank to be filled by the name of the railroad as given in the aforesaid resolution), and the said nominations shall be forthwith presented to the judge of the court of common pleas presiding in said county, for his approval or rejection, and in case of his rejecting any of the persons named, then other nominations shall be made in like manner until said board is filled; and when the said board shall be full, the said judge shall make an order endorsing such appointment on the minuses of the court of which he is judge; he shall, also, designate the amount of bonds to be given by the trustees, each bond to be several, and conditioned for the faithful performance of his duties as such trustee. Said bonds shall oe signed by not less than three sureties, and be approved by the clerk of said court, and shall be signed in duplicate, one copy to be filed with the clerk of said court, and the other with the treasurer of said township. Said trustees, before entering upon the dis- charge of their duties, shall each take an oath of office that they will faithfully and honestly discharge the duties of their office. 172 Bsc. 3. The said board of trustees and their successors shall he the trustees of said fund, and shall have the control and di8l)ursement of the same. They shall expend said fund in procuring the right to construct, and in construct- in^r and equipping a railway with all the proper appendages, and, if deemfd necessary, a line of telegraph between the termini specified in said resolution, and for the purpose aforesaid shall have the power and capacity to make con- tracts, appoint, employ, and pay officers ana agents, and to acquire, hold, and possess all the necessary real and personal property and franchises. They shall also have power to receive donations of land, money, bonds, and other personal property, and to dispose of the same in aid of said fund. The said trustees shall have right to bring, maintain, and defend all actions, and to sue and be sued, plead and be im- pleaded, touching the said trust and trust prop^^rty, in their own names as such trustees, in any of the courts of this state or elsewhere ; they shall elect a treasurer, whose duty it shall be to draw from the treasurer of the county all 6f said trust funds, upon the order of said trustees ; and the said treasurer shall give boi^d in such sum as said trustees shall designate, which bond shall be signed by at least three sureties, and shall be approved by at least four-fifths of said trustees. Sec. 4. The said trustees shall form a board, and shall choose one of their number president, who shall also be act- ing trustee, with such powers as the board may, from time to time, by re&^lution, confer upon him. A majority of said trustees shall constitute a quorum, and shall hold regular meetings for the tranactionof business, at their regular office in the township under whose action they were appointed ; but they may adjourn, from time to time, to meet at any place they may think proper. They shall keep a record of their proceedings, and cause to be kept a full and accurate account of their disbursements, and make a report of the same to the township clerk whenever requested to do so by a resolution of the township trustees. No money shall be drawn from said fund but upon the order of said board, ex- cept their own compensation, which shall be paid out of the same upon the recommendation of the township trustees, by resolution duly adopted, and allowed by the court appointing them. Sec. 5. Said trustees shall have power to take such se- curity from any officer, agent, or contractor chosen or ap- pointed or employed by them, as they shall deem advisable. They shall not become surety for any such officer, agent, or contractor, or be interehted, directly or indirectly, in any contract concerning said railway. They shall be responsible only for their own acts- Sec. 6. Whenever the township trustees, or any one of them, of any township under whose action a board of trus- trees has been appointed as herein provided, shall have rea- 173 8on to belieye thAt any one or more of said trosiees has failed in the laifchiol performance of his trubt, it shall be the dnty of ^uch township (rnsteee to appiy to ihe then jndge of the oonrt of couimon pleas by peiidou, alleging such miscon* aact, and praying ihat he or they be removed, and that such vacancies be ordered to be filled in tne manner heretofore provided for; and if ttie said township trustees shall lail, upon the written request of not less than ^ve resi* denb tax-payers, ur upon the request of any of the bondhold* ers of said township oonds, then and in tnat case such tax* payers ur bondholders may file such petition lor like relief in the court of common pleas of said county, and if the court, upon hearing said pstition, shall adjudge in favor of said p.aintiiid, it shad remove such trustee or trustees, and any vacancy from tnis, or by resignation, death, or removal, shall be tilled in the m &nner hereinbefore provided lor. 6jcc. 7. Whenever, in the coustructiou of a line of rail- way as tierein provided, it shall be necessary to appropriate lands lor the foundation o( tlte abutments or pier oi any bridge across any stream, or for any other purpose, or to appro- priate any rights or franchises, pioceediugs shall be com- menced and conducted in accordance with the laws in torce at the time lor the appropriation of such private property fur the use of corporations, except that the oath and verdict ot the jury, and judgment of the court, shall be varied to suit the case. Sec. 8. Whenever there shall be, between the termini designated in any resolution passed under this act, a railroad already partially constructed, or right of way acquired there- for, wnicn can be adopted as parts of the line provided for in said resolution, the trustees of said lin i may purcha««e or lease tne said railroad or right of way, and pay ior the same out of the trust fund. Sec. 9. Whenever; in the construction of a line of rail- way as herein provided, the said board of trustees shall find it necessary to use or cccupy any street, alley, or other public way, space, or ground, or any part thereof, ot any incorporated Tillage m baid township, proceedings shall be commenced and conducted in accordance with ttie laws in lorce at the tune for the appropriation of such rights or easements by street railway corporations, except that the oath and verdict ot the jury, and judgment ot the court, shall be so varied as to suit tne case. Sso. 10. On the final completion of any line of railway, constructed under the provisions of this act, the board of trustees shall have power to lease the same to any person or persons, or company, as will conform to the terms and condi- tions which shall be fixed and provided by the trustees of the township by which the line ot railway is owned. 8sc. 11. That the trustees of any township described in this act may, after the trustees have been appointed as pro- vided in this act, advance to said trustees, out of any funds 174 of said township, such sum as is necessary, not exceeding five hundred dollars, for carrying the object for which they were appointed into effect, and said sum shall be repaid oat of the trust fund provided for in this act when raised. Sec. 12. Deeds and contracts may be made, and proceed- ings for appropriations and actions may be commenced, either in the name of such towuship providing the line of railway, or in the name of the trustees of ■ railway (filling the blank with the name given to the railway in the resolution), and said proceedings may be commenced and conducted, either in the court of common pleas or probate court, as in cases of appropriation for the use of municipal corporations. Sfic. 13. This act shall take efiect and be in force from and after its passage. JOHN A. WILLIAMSON, Speaker pro tern, of the House of Representatives. R. G.^RICHARDS, PreSdent pro tern, of the Senate. Passed April 10, 1880. [HoQBe Bill No. 217.] AN ACT QrantiDg the right of way over and across certain lands owned by the state uf Ohio, in Marion towuship, Franklin coonty, to the Ooiambna, Je£fer8onvitie and Cincinnati railway compauy, for t&e purpose of con- BtraotiDg, maintaining, and oper.atiug a railroad thereon. Section 1. Be it enacted by the General Assembly of the State of Ohio, That the board of public works is hereby authorized to grant, upon such terms and conditions as to price or other- wise as in their judgment will subserve the best interest of the state, the right of way, not exceeding one hundred feet in width, to the Columbus, Jeffersonville and Cincinnati rail- way company, its successors and assigns, to construct, main- tain, and operate a railroad on and across a certain tract of land, containing about thirty acres, lying adjacent to the Columbus feeder, and in the southwest corner of section nine, township four, range twenty-one, Marion township, J-ranklin county, Ohio, in such manner as will not in any way interfere with the use of said feeder as a means of water supply, or the purpose of navigation : provided, further, that this act shall not be construed to grant any exclusive right or privilege to the use of said lands to the said railway com- pany, and the right to grant similar privileges to other cor- porations is hereby reserved. iSEC. 2. This act shall be in force from and after its passage. THOS. A. COWGILL, Speaker of the House^oJ RepreserUaHves. R. Q. RICHARDS, Passed April 10, 1880. President pro tern, of the Senate. 176 [House Bill No. 191.] AN ACT Making appropriatioDS to pay the piiocipal and iaterest on the pnblio deUb, and ihe expeuseB ui the Biukiug land comuiiiifiluners, and for other purposes. Section 1. Beit enacted by the General Assembly of the State of OhiO, That there be aad is hereby appropriated from aay moneys in the treasury, by transfer or otherwise, and that may come into the treasury, belonging to the sinking fund for the payment of interest on the foreign debt of the state^ three hundred and eighty-eight thousana three hundred and fifty-eight dollars and forty two cenis ($388,35e$.42.) B£c. 2. For the payment of interest on school, ministerial, and trust funds^ which constitute the irreducible debt of the state, there is hereby appropriated from the sinking fund the following amount, to wit: Forty-nine thousand three hundred and eleven dollars ($49,311) to the Ohio state uni- versity, one hundred and sixty-two dollars and four cents ($162.U4) to the Ohio university, two hundred and twenty- live thousand one hundred and eighty-eight dollars and thirty-eight cents^ to the counties entitled thereto, to be paid as provided by law. tij£c. 3. To pay the expenses of the office of the commis- sioners of the sinking luud, including salary of clerk, two thousand dollars («2,000 ) 8j£G. 4. This act shall take efiect on its passage. THOS. A. COWtilLL, Speaker of the House of Reprenentatives. R. G. RlCHAliDS, President pro tern, oj the Senate, P^sed April 12, 1880. [Senate Bill No. 152. J AN ACT Bappleuitntary to an act relating to cities of the first class, having a pupuiatiou exoeediug one liuudred and lifey thuosand iuiiabitauts, pabsed May 4, loty. Section 1. Be it eriacted by the General Assembly of the State Tmsteet of of Ohio^ That each and every trustee now in office, appointed Cincinnati by virtue of the second section of the said act, and who has ^^^I'j?!" held such office for the period of five years, shall, within JJoSJ^to thirty days from the passage of tnis act, give a new bond, to give bond, take the place of the one heretofore given to the city of Cin- cinnati, in such amount as the superior court of the city of Cincinnati has or may hereafter appoint, with two or more sureties to be app]y)ved by the said court, conditioned for the faithlul discharge of his duties ; and said trustees, and any trustee hereafter appointed, shall, in like manner, within 176 five years from the giving of any bond under this act, or under the act to which this is supplementary, enter into a new bond, ^conditioned and approved as herein directed : provided, however, that the sureties on any bond, in the place ot which a new bond may be given, as JLerein provided, shall continue liable as to auy act or m^itter occurring prior to the time when such new bond is required to be given. And a failure of any such trustee to give said bond within the time so fixed shall be treated as a tailure to discharge his duties as sucb trustee, and by the said court as a resignation of his said ofiioe, and the court sdali proceed to fill the vacancy as in the said act provided for other cases. Sec. 2. This act shall take eifect from and after its pas- sage. JOHN A WILLIAMSON, Speaker pro tetn, of ike Houee of Representatives. R. G RICHARDS, President pro tern of the Senate. Passed April 12, 1880 [Hoa8eBillNo.479.] AN ACT AppropriatiDg money to pay for the revised statutes bought for the state nnder senate joint resolution No. 2!»y and for other parpoees therein named. Whereas, Senate joint resolution No. 29 authorized and directed the secretary of state to purchase from the pub- lishers seven hundred and &eventy-nve bound copies of the revised statutes of Ohio, at two dollars per volume, or four dollars per copy \ and Whereas, The secretary of state has made the purchase provided for in said senate joint resolution No. 29 ; therefore, ^ Section 1. Be it enacted by the Oeneral. AMntmJbLy of the State of Ohio, That there be and hereby is appropriated from the general revenue fund in the treasury not otherwise appro- priated the sum of thirty one hundred dollars to pay for the revised statutes purchased in pursuance of said joint reso- lution. For payment to the attorney-general of a sum equal to three per cent, of ail moneys collected by him and certified into the treasury ; but not in the aggregate exceeding five hundred dollars. For contingent expenses in the adjutant-general's office, and for transportation of arms necessary in adjusting the ord- nance accounts between the state of Ohio and the genercd government, six hundred dollars. For deficiency in adjutant general's contingent fund for 1879, five hundred dollars. For deficiency in fund '^ for care of state house," accruing £ 177 revions to February 16, 1880, two hundred and sixty-five ollars. . 8bc. 2. This act shall and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RepreserUaliveB. B. G. RICHARDS, * Premdenipro tem. of the Senate. Passed April 12, 1880. « f ISenate BiU No. 179.] AN ACT To unend seetioii eight thooaand three hundred «nd eighty-two of the revised etatntee of Ohio. [geobgetown.] Section 1. Beit enacted by the General AmenMy of the Staie of Ohio, That section eight thousand three hundred and eighty-two of the revised statutes be and the same is hereby amended so as to read as follows : Section 8382. The said trustees and their successors shall be the trustees of said fund, and -shall have the control and disbursement of the same; they shall expend said fund in procuring the right to construct, and in constructing a sin- gle track railway, with all the usual appendages ; and for the purpose aforesaid, shall have the power and cap city to make contracts, appoint, employ, and pay officers and agents, and to acquire, hold and possess all the necessary real and personal property and franchises ; they shall also have power to receive donations of lands, money, or bond<>, and other personal property, and to dispose of the same in aid of said fund. Sec. 2. That said original section eight thousand three hundred and eighty two be and the same is hereby repealed. Sec. 3. This act shall take effect and be in force from after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, President pro tem. of the Senate. Passed April 12, 1880. SeDftteBiUNo. 14.1 AN ACT To ftuthorise the election of one additional Jndge in the eeeend enb- diviaion of the fifth jndioial distriet. Section 1. Beit enacted by the General AssenMy of the State of Ofdoj That there shall be elected, in the second subdivision 12 178 of the fifth judicial district of Ohio, composed of tbe counties of Ross, Highland, and Fayette, by the electors thereof, un- der and in pursuance of the general election laws of the state of Ohio, governing the election of judges of the court of conamon pleas, at the general election on the second Tuesday of October, A. D. 1880, one judge of the court of common pleas, in addition to the number heretofore provided for by law for said second subdfsrision of said fifth ludicial district. Said additional judge shall be elected for the term of five years ; his term of oflBce shall begin on the first Mon- day of November, following his election, and he shall have all the powers and be subject to all the obligations, and shall perform all the duties pertaining to said office of judge of the common pleas court ; shall receive the same compensa- tion of other common pleas judges; and vacancies, if any in his office, shall be filled as now provided by law. Sec. 2. This act shall take efiect and be in force from and after its passage. THOS. A. COWGILL, Speciker of the Hovm of Repreaentatives. R. G. RICHARDS, ^President pro tern, of the Senate, Passed April 12, 1880. Mntnal aid aefiooiationa anDuallv to file with BtiperiD ten- dent of insn- ranoe sworn statement of its trans- actions. [Amended Senate Bill No. 143.] AN ACT Supplementary to the act entitled ** an act to revise and consolidate the general btatutes of Ohio," passed Jane 20, 1879, and to amend section 3631 of said act. Section 1. Be it enacted by the Oeneral Assembly of the State of Ohio, That the following sections be enactedf as supple- mentary to chapter 10, title 11, part second, of the revised statutes of Ohio, with sectional numbering as herein pro- vided : Section 3630a. That each corporation, company, or asso- ciation now organized, or that may hereafter be organized, in pursuance of sections 3236 and 3238 of the act to revise and coDSolidate the general statutes of Ohio, passed June 20, 1879, or under any other law of this state, for the purpose of doing business under the provisions of section 3630 of said act, or for the purpose of doing such business as is contem- plated by said section, shall, on the first day of January^ each year, or within sixty days thereafter, deposit in the office of the superintendent of insurance a statement, under oath, of all its transactions for the year next preceding said first day of January, and the condition of its business at the close of said year, according to printed blanks, which shall be prepared and furnished by the superintendent of insur- ance, showing, in detail, the transactions of each company v"»*t. iiMiM> • T- ■- • •'M.^X.-^.A* 179 or association, exhibitiag the following facts and items^in the following form, to wit : 1. Number of certificates or policies issued during^the year 2. 3. 4. 5. The amount of the indemnity effected thereby. Number of death losses during the year. Number of death losses paid during the year. Total amount received from death assessments during the year. 6. Total amount paid to certificate-holders or policy- holders for losses during the year. 7. Number of death claims not due, but for which assess- ments have been made. 8. Number of losses for which assessments have not yet been issued. 9. Number of death claims compromised or resisted dur- ing the year, and reasons for such compromise or resistance. 10. Does the association or company charge annual dues f 11. How much are the dues for one thousand dollars ($1,000.00) of indemnity. 12. Does the association or company use the death as- sessments to meet its expenses, in whole or in part ? 13. Amount of death assessments used to meet expenses during the year, 14. Do tbQ certificates or policies issued by association or company guarantee a fixed amount to be paid, regardless of amount realized from assessments made to meet the same ? 15. If BO, state how the amount is guaranteed. 16. What security for such guarantee ? 17. Does the association or company issue endowment certificates or policies, or undertake and promise to pay to members during life any sum of money or thing of value t 18. If so, how are these payments or promises provided for? 19. 20. 21. If by reserve, state the amount of reserve. From what source is the reserve fund obtained? How invested ? 22. What guarantee or security have the certificate-holders for this reserve ? 23. How many classes or divisions of endowment certifi- cates or policies have the association or company ? 24. How many years required for maturity of first class or division ? How many years required for maturity of sec- ond class or division f How many years required for matur- ity of third class or division ? How many years required for maturity of fourth cla«s or division T 25. Number of certificates or policies in force in first class or division. Number of certificates or policies in force in second class or division. Number of certificates or policies in force in third class or division. Number of certificates or policies in force in fourth class or division. 26. Date of organization of association or company. Whatsooh statements to oontoin. 180 27. Number of certificates or policies lapsed daring the year. 28. Whole number of certificates or policies in force at the beginning and end of the year. 29. The aggregate amount of certificates in force at the beginning of the year. SO. The aggregate amount of certificates lapsed during the year. 31. The aggregate amount of certificates in force at the end of the year. S2. Maximum, minimum, and average age of members received during the year. 33. Has the association or company any^agents who have not given bonds? 34. In what State is the association doing business ? Tamakeie* Section 36306. Within ninety days after the passage of S^rt to super- this act, each corporation, company, or association doing w^SU^^*^* business in pursuance of said section 3630, shall report, un- z^ety days. ^^^ oath, to the superintendent of insurance its transactions for the year 1879, on the form required to bj furnished in the "•^ -"^ first section of this act. Failure to Section 3630^. Any such corporation, company, or asso- file state- ciation which shall fail or refuse to file a statement or re- ment to port, or whose treasurer fails to file a bond as required by this ife?tureof *^^» shall forfeit its right to do business, which forfeiture the franchise. superintendent of insurance shall enforce by proceedings in quo warranto ; and it is hereby made the duty of th^ attor- eeneraf^ ney-general of the state to institute such proceedings, upon fostitntepro- his request, in writing. No such corporation, company, or oeediags. association issuing endowments, certificates, or policies, or undertaking, or promising to pay to members during life any sum of money, or thing of value, or certificate, or policy guaranteeing any fixed amount to be paid at death, except such fixed amount or endowments shall be conditioned upon the same being realized from the assessments made on mem- bers to meet them, shall be permitted to do business in this state, until they shall comply with the laws regulating regu- lar mutual life insurance companies. Superlnten- Section 3630(2. The superintendent of insurance may, dent of insu- whenever he has good reason to believe that the business of ranee may j^^y g^^^ corporation, company, or association is not being ioation to°be legally and honestly conducted, or that such corporation, com- made. V^^Jf ^^ association is exercising powers or franchises not conferred by law, cause an examination of its affairs to be made at the expense of such corporation, company, or as- sociation, by one or more disinterested persons, ana at an expense not to exceed five dollars a da^ for each person so employed ; and if upon such examination, it shali appear that such corporation, company, or association is exercising powers or franchises contrary to law, the superintendent of insurance shall institute proceedings in quo warranto against the same, in the manner provided in section three of this act 181 Section 36300. No such corporation, company, or associa- tion organized under the laws of any other state shall be per- mitted to do business in this state unless they first comply with the laws of the state of Ohio regulating corporatious, companies, or associations organized for the mutual protec* tion of its members within this state, and obtain, from the superintendent of insurance of this state, a certificate of such compliance, which certificate shall not be granted until such foreign corporation, company, or association shall have appointed an agent or attorney within this state upon whom service of process may be had. Section §€SOf. An action may be brought against any such corporation, company, or association, organized under the laws of Ohio, or against any such, foreign corporation, com- pany, or association doing business in Ohio, in any county of this state where such cause of action arises, and summons may be issued and service had as provided in chapter six, subdivisions one and two, title one, part third, of the re- vised statutes of Ohio, the provisions of which chapter are hereby made applicable in such cases. Sec. 7. That section thirty-six hundred and thirty-one of said act to revise and consolidate the general statutes of Ohio, be so amended to read as follows : Sec. 3631. No agent or officer of any such corporation, company, or association shall be permitted to collect or re- ceive any dues, assessments, or donations for or on account of the same, until he executes jointly, with two responsible sureties, a bond to the corporation, company, or association, to the approval of the trustees thereof, in such sum as they shall prescribe, conditioned for the payment of all such dues, assessments, and donations over to the proper officer of the company; and all receipts of any such company or associa- tion shall be paid into the hands of the treasurer thereof, who shall, before assuming the duties of his office, give bond in the sum of not less than ten thousand nor more than fifty thousand dollars, as the said superintendent may determine, with not less than three sureties, to be approved by the superintendent of insurance, and conditioned for the faithful accounting for and proper payment and disbursement to the legitimate purposes of the company or association of all the money thereof which comes into his hands. Said bond of the treasurer shall be examined as to its sufficiency, annually, and shall be renewed whenever the superiniendent of in- surance shall require, and, with the approval of the super- intendent of insurance indorsed thereon, shall be filed with the secretary of state. Sec. 8. This act shall not apply to any aseociation of religious or secret societies, or to any class of mechanics, ex- press, telegraph, or railroad employes, formed for the mutual benefit of the members thereof and their families exclusively. Sec. 9. That said original section 3631 be and the same Boles under which foreign aaao- oiationa may do bnsinMS in this Btate. When action against anoh association may be brought. No agent to collect dues without giv« iog bond. Bond of treasurer of association. Certain ciatioDB ex- empted irom proyisions of this act. 182 is Hereby repealed ; and this act shall take effect from and after itspassage. THOS. A. COWGILL, Speaker of the House of Repre^eTUativee, R. G. RICHARDS, President pro tern, of the Senctte. Passed April 12, 1880. Annnal boaidof equalization, how oonsti- tntedand organiied. [Senate Bill No. 224 ] AN ACT. To amend section 2805 of the reyiaed statatee of Ohio. Section 1. Be it enacted by the OenercU Assembly of the State of Ohioy That section 2805 of the revised statutes of Ohio be so amended as to read as follows: Section 2805. In each city of the second and third grade of the first class, and each city of the second class there shall be an annual board for the equalization of the value of real and personal property, moneys, and credits in such city, to be composed of the county auditor and six citizens of such city, appointed by the council thereof; said board shall meet at the office of the county auditor on the fourth Monday of May, and shall close their session on or before the second Monday of July then next following, except in cities of third grade of the second class, the board shall close their session on or before the fourth Monday of June following. The board shall have power to equalize the value of the real and personal property, moneys, and credits within such city, and shall be governed by the rules, provisions, limitations prescribed in the next preceding section for annual county boards. The members shall each be entitled to receive the following fees for each day necessarily employed in the performance- of their duties : As members of city boards of the first class and of the first and second grades of the second class, five dollars per day ; and members of city boards of the third and fourth grades of the second class, two dollars and fifty cents per day, to be paid out of the county treasury; and in each city of the first grade of the first class there shall be a like annual board, with the same powers and duties, to be com- posed of the county auditor and six citizens of such city, to be appointed by the coucil; the first appointments being of two for one year, two for two years, and two for three years, and thereafter, annually, two shall be appointed for three years, and all vacancies shall be filled for the unexpired terms; said board shall meet at the office of the county auditor on the fourth Monday of May, and, including the board now elected, shall cloee their session on or before the first Monday in August, and it may appoint all necessary clerks, not exceeding six; each member, except the auditor, shall receive five dollars per day, and each clerk three dollars 183 per day for their services for the time actually employed in the discharge thereof, which shall be paid out of the county treasury. Said board shall be authorized to administer any oath which it may deem necessary to the proper discharge of its duties. Sec. 2. That original section 2805 be and the same is hereby repealed, and this act shall be in force from and after its passage. THOS. A. CO we ILL, Speaker of the Howe of RepreaentaUvee, R. G. RICHARDS, President pro tem. of the Senate, Passed April 12, 1880. [House BiU No. 410.] AK ACT To amend section 534 of the revised statates. Section l.J . jB^ it enacted by the Oeneral Assembly of the State of Ohio, That section 634 of the revised statutes be so amended as to read as follows : Section 634. No judge of a probate court, or any deputy clerk employed by him, or who is engaged in the business of such court as clerk thereof, shall, during the term of his office, or employment, practice law, or be associated with an- other as partner in the practice of law, in any of the courts or other tribunals of this state ; neither shall such judge or clerk prepare any petition or answer, or make out any account which any executor, administrator, guardian, or other per- son is required to present for the settlement of the estate committed to his care and management; nor appear as coun- sel or attorney before any justice of the peace, or before any court or other judicial tribunal in the state; nor shall such judge or deputy clerk make a record of any paper, receipt, or voucher produced to verify any charge or credit in the account, filed or presented for settlement as aforesaid, unless the recording thereof is requested in writing by the party making such settlement ; but nothing contained in this sec- tion shall prevent any probate judge or deputy clerk aforesaid from finishing any business by him commenced prior to his election or appointment, not connected with his official busi- ness ; and if any judge of the probate court, or any deputy clerk employed by him, willfully violates any provisions herein prohibiting him from practicing law in any of the ways specified, such judge oi deputy clerk shall be fined in any sum not exceeding fifty dollars, and, upon conviction thereof, shall be removed from office; and the prosecuting attorney is hereby required to file his information against such judge or deputy clerk in the court of common pleas, and proceed as upon indictment. No probate Jndee or his clerk shall practice law. Penalty for violation of above. Proseenting attorney to proceed by information in snch caae* 184 Sec. 2. Said original section 684 be and the same is here- by repealed. Sbg. S. This act shall take effect from and after its pas- sage. THOS. A. COWGILL, Speaker of the House of Repreeentatives. R. G. RICHARDS, President pro tern, of ths Senate. Passed April 12, 1880. Labor on public high- ways. Connty treasurer shall receive oertliicates as money for road tax. Money or la- bor. When paid in labor. When labor to be per- formed. £xpenditnre of road fund. LHonse Bill No. 154.] AN ACT To amend section 2830 of the revised statutes. Section 1. Be it enacted by the General Assembly of the StaJle of OhiOy That section 2830 of the above recited act be amended so as to read as follows : . Section 2830. Any person charged with a road tax may discharge the same by labor on the public highways, within the'proper time, at the rate of one aoUar and fifty cents per day, and a ratable allowance per day for any team and im- plements furnished by any person, under the direction of the supervisor of the proper district, who shall give to such person a certificate specifying the amount of tax so paid, and the district and township wherein such labor was per- formed, which certificate shall in no case be given for any greater sum than the tax charged against such person ; and the county treasurer shall receive all such certificates as money in the discharge of said road tax: provided, that, when the commissioners of any county so direct, the super- visor shall write on the margin of his lists, opposite to the amount charged against all such as may pay the same by money or labor, the word ** Paid," and shall return his list on or before the fifth day of September in the year in which levied, to the township clerk, who shall write on the margin of the list sent him by the auditor, opposite to the amount charged against each person who may have paid the same in labor or money, as shown by the return of the supervisor, the word ** Paid," and shall forthwith forward the same to the county auditor, who shall charge all such as may remain unpaid, as shown by the township clerk, upon the duplicate of the proper county, and the same shall be collected as other moneys are collected, in the December installment, by the county treasurer. When such road tax is paid in labor, such labor shall be performed before the first day of Septem- ber, in the year in which levied. All road taxes collected by the county treasurer shall be paid over to the treasurer 01 the township or municipal corporation from which the same were collected, and shall be expended on the public roads, and in' building and repairing bridges, in the town- 185 • ship and manicipal corporation from which the taxes were collected, under the direction of the truRtees of the proper township, or council of such municipal corporation ; and all funds heretofore levied for road purposes, and not expended, shall be expended by the trustees of the township or coun- cil of the municipal corporation from which the same were collected, as other taxes collected under the provisions of this title: provided, that in all counties containing either graveled TimeforMj- roads or free turnpikes, or both, except Shelby or Allen mentof road counties, the time for the payment of the road tax in labor tax extended on such roads may extend to the fifteenth of October of the *** ^5^ year in which the same is levied, but on all other roads in ^'^^^^^ such counties the labor shall be performed before the fif- teenth of September ; and the supervisors in such counties shall return their lists, as provided for in this section, be- fore the twenty-fifth of October of the year in which the tax was levied. Sec. 2. That section 2830, of which this is amendatory, be and the same is hereby repealed ; and this act shall be in force from and after its passage. THOS. A. COWGILL, Speaker of the Hou^e of Representatives. R. G. RICHARDS, President pro tern, of the Senate. Passed April 12, 1880. [Honae Bill No. 299.] AN ACT To regulate the pablLo advertising of fire insaranoe oompaniea. Section 1. Beit enacted by the General Assembly of the State of Ohioj That the following section be enacted as supplemen- tary to section 3661 of the revised statutes, with sectional numbering as herein provided : Section 3661a. No insurance company, organized under Fire iD8ar> the laws of this state, or admitted to do business in this anoo«>m-^ state, shall, in any public advertisement, card, or circular, \\^l^ i^ ^. include in any statement of assets, any item of value, of a yertisement class or character not admitted by the superintendent of in- only assets Burance of this state in the annual reports of said companies, admitted by And every such advertisement, card, or circular, containing ^^^ ^^ j^. a statement of assets, shall in all caaes contain also a full soranoe. statement of all the liabilities of said company, including the reinsurance reserve, which in no case shall be less than fifty per cent, on the gross premiums received on all unex- pired risks. Section 36616. Any violation of this act, after the second Penalty, notice from the superintendent of insurance of this state, shall render such company liable to a fine of one thousand dollars ($1,000), and each subsequent violation to a similar 186 fine ; to be recovered^for the benefit of the*common school fund of the county, in an action to be instituted by the prosecuting attorney, in the name of the state of Ohio, against said company. Sec. 3. This act shall take efiect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RepreserUatives, R. G. RICHARDS, ^^i^^^PreMerU pro tern, of the Senate. I ;^Pa88ed April|12, 1880. ; How Joint ^ «nb-district j diasolTed, . changed, or ^ altered. Board of ed- ucation faU- ing to agree hi} t) to pro Date coort. [Honie|BUl^No.|333.] AliCACT. To |aniend|f8ection|^thirty-nine hundred and fifty (3950) of the roTised fik'hh^.kk'. ZUr U^atntes of nhio "'■^ ; Section 1.*: ^^ ^ enacted by the General Ass^mMy of the State of Ohio^ That section thirty-nine hundred and fifty of the revised statutes be amended so as to read as follows : Section 3960. No joitit sub district which is now organ- ized, or may hereafter be orp:anized, shall be dissolved, changed, or altered, unless by the concurrent action of the boards of education of the several townships having territory included therein : provided, however, that when any board of education in a joint sub-district desires to dissolve, change, or alter the same, the board of education desiring such disso- lution, change or alteration, shall notify, in writing, the boards of education interested of the time when they will meet to consider the proposed dissolution, change, or altera- tion. The place of meeting shall be at the school-house in such joint sub-district ; but if there be none, then at some convenient place in the vicinity of such joint sub-district. If the joint boards fail to meet, or, having met, can not agree upon a dissolution, change, or alteration (as the case may be), then the board of education desiring such dissolution, or change, or alteration, may appeal to the probate court of the proper county, and the same proceedings shall be had as in case of appeal in the formation of joint sub-districts, so far as applicable, as provided in sections 3935, 3936, 3937, 3938, 3939, 3940, 3941 of the revised statutes. Sec. 2. Section thirty-nine hundred and fifty of the revised statutes is hereby repealed, and this act shall take efiTect and be in force from and after its passage THOS. A. COWGILL, Speaker of the House of Representatives, R. G. RICHARDS, President pro tern, of the Senate, Passed April 12, 1880.^ 187 [SeDateSBiU No. 11. » AN'ACT To amend seotion 3499 of the reyised statatte. Section 1. Be it enacted by the Oeneral Assembly of the State of Ohiot That section three thousand four hundred and ninety-nine of the above recited act be so amended as to read as follows : Section 3499. In any county where heretofore or hereafter How toll- an allirmative vote has [been] or may be given, at any gen- roads voted ; eral election, in favor of puchasing anv or all of the toll- *?j^^^iiJ roads, or parts thereof, lying within such county, at a price bounty ap-" "* to be fixed by three disinterested appraisers, who shall be piaiMd. g| appointed as follows : One by the court of common pleas of the county, or a judge of said court resident of the subdivi- sion in which the county is situate ; one by the probate judee of the county, and one by the county commissioners ; said appraisers, after being sworn faithfully and honestly to discharge their duties in that behalf, shall personally inspect the road or roads, or pares thereof, so far as the same may be within such county, and make and return, in writing, to the commissioners a valuation of each of the roads or parts thereof; and if the commissioners, from any cause, fail to purchase any such road, or part thereof, other appraisers may be appointed in the same manner. S c. 2. That section three thousand four hundred and ninety-nine of "an act to revise and consolidate the general statutes of Ohio," be and the same is hereby repealed, and this act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of R^preserdatives. R. G. RICHARDS, President pro tern, of the Senate. Passed April 12, 1880. [House Bill No. 475.] AN ACT To provide for the sapport of the soldiers and sailors' orpkans 'outside of the soldiers and sailors orphans* home uu i^enla.' Section 1. BeU enacted by the Oeneral Assefmbly of the State of Ohio, That the trustees of the soldiers and sailors orphans' home, and under their directions, the superintendent is hereby authorized and directed to contract at a per capita not to exceed the current expense cost of keeping the chil- dren at the Xenia home, with the proper officers of the different childrens' asylums or homes in the state for the support of such children as have been or may hereafter be Superinten- dent of sol- diers and sailors or- phans' home may contract for support of children ^ outside of JJ home. 188 Appropria- tion for soeh pmpose. transfered to said homes, who are children of soldiers or sailors who served in the late war from the state of Ohio. Sec. 2. To enable the trustees to carry into effect the provisions of this act, there is hereby appropriated out of any money in the treasury to the credit of the general revenue fund not otherwise appropriated, the following sums of money, to wit: For the support of such children from February 15, 1880, to February 15, 1881, the sum of ten thou- sand dollars ($10,000) to pay the keeping of such children at the Montgomery county childrens' home from May 15, 1879, to February 15, 1880, six thousand three hundred and thirteen dollars and twenty-seven cents ($6,313.27). To pay the sup- port of Lucy E. Willeman, orphan of deceased soldier at the Ebenezer orphans' institute of Seneca county from April 14, 1879, to January 16, 1880, one hundred and thirteen dollars and thirty-three cents, ($113.33). If the amount appropriated for the support of orphans from February 15, 1880, to Febru- ary 15, 1881, is not sufficient to pay in full to each asylum or home provided for such orphans, the same be prorated per capita among said asylums or homes. Sec. 3. This act shall take effect and be in force from and after its passage. THOS. A COWGILL, Speaker of ths House of Representatives. R. G. RICHARDS, President pro tern, of the Senate. Passed April 13, 1880. Judge of BQperior court of CiDoinnati may reseive case for de- cisioD at general term. Jndjnnents and final orders at .general term reviewable only by su- preme court. [House BUI No. 79.] AN ACT To amend seotion 503 of an act to revise and oonsolidate the general statutes of Obio,'' Section 1. Be it enacted by the General Assembly of the Stade of Ohio, That section 503 of the revised statutes of Ohio be and the same is hereby amended so as to read as follows: Section 603. It shall be lawful for any judge of the super- ior court of Cincinnati, sitting in special term, to reserve and adjourn for the decision of the said court, in genera term, any questions of law or fact arising hi any case upon the record, or upon evidence in writing, and when the decis- ion of such questions authorizes or requires a final order of [or] judgment the same may be entered by the court in gen- eral term. Judgments and final orders of said court, in gen- eral term, shall be reviewable only by the supreme court; all laws providing for the review of final orders and judgments of district courts shall apply to final orders and judgments of said superior court in general term ; but the petition in error can only be filed by leave of the supreme court, or a judge thereof. Sec. 2. That said original section 503 of '^ an act to revise 189 and consolidate the general statutes of Ohio," passed June 20, 1879, be and the same is hereby repealed; and this act shall be in force from and after its passage. TflbS. A. COWGILL, Speaker of the House of RepreserUcUivea. R G. RICHARDS, President pro tern, of the Senate. Passed April 13, 1880. LHonse Bill No. S19.] AN ACT To amend Beotions 6350 and 6351 of the revijied statntes. Section'!. Be it enacted by the General Assembly of the State of Ohio, That section 6350 be so amended as to read as follows : Section 6350. The assignee or trustee shall proceed at once -,^ . to convert all the assets received by him into money, and to ^^^^t sell the real and personal property assigned, including stocks debtor to and such bonds, notes, and other claims as are not due, and convert as- which can not probably be collected within a reasonable f^^* ®^° » time, either for cash, or upon such other terms as the court * money, may order, at public auction, at such time and place as may be designated in notice given by advertisement in some newspaper of general circulation within the county for four consecutive weeks, and of which sale due return shall be made to the judge; but all such Rales of real estate shall be made at not less than two-thirds the appraised value thereof, being subject to re appraisement, as upon executions at law, '^ and such sale shall be set aside or confirmed, as the court shall order; and if confirmed, deeds shall be made to the purchasers, conveying the title free from all liens on the same for all debts due by the assignor. Whenever the court shall be satisfied that it would be for the advantage of the creditors of the assignor to sell any part of the real or per- sonal property assigned at private sale, the court may au- thorize the assignee or trustee to thus sell the same, either for cash or upon such terms as the court may order ; but such real estate shall, in no case, be sold for less than two-thirds its appraised value; nor shall such personal property be sold for less than two-thirds of such appraisement unless the court sh^l, upon good cause shown, order the assignee to sell the same for a less amount, and a return of such sale shall be made within the time prescribed bv the court; and such sale shall be confirmed by the court before the same shall be complete and binding ; and if confirmed, deeds shall be made of the real estate to the purchasers, conveying the title free from all liens on the same, for all debts due by the assignor. Should any property thus ordered to be sold at private sale 190 CompTomifle' or Bale of claimB. Comple real coo- tracts. Wife of as- " signer may be made a party, and ask conrt to have rea) es- tate sold free of oontin- Sent right of ower. Conrt, on ap- plication of seven - eighths of creditors may order hnsiness of assignor car- ried on by signee be not sold within the time pre^ribed by the court, then the court shall order the same to be sold at public auction, in the same manner as though a private sale had not been ordered; and the assignee or trustee may, with the approval of the court, compromise or sell any claim or demand, on behalf of the assignor, which is desperate or difficult of collection ; and he may also, with the approval of the probate court, complete and enforce all sales of real estate made by the as- signor, making all needful conveyances for that purpose : provided, however, that the limitation as to the price for which real estate shall be sold shall not apply to real estate situate out of the state: and provided further, that when any real estate is to be sold under the provisions of this section, the wife of the assignor may be made a party, and she may file her answer and ask the court to have said real estate sold free of her contingent right of dower, and to allow her, in lieu thereof, such sum of money, out of the proceeds of the sale, as the court deems the just and reasonable value of her contingent dower interest therein ; and such answer of the wife of the assignor shall have the same force and effect, and shall be taken and held to be, in all respects, as a deed of re- lease to the purchaser of such real estate of the contingent dower interest therein of such wife. It is further provided that, where said wife has executed a mortgage jointly with her husband on any of the real estate aforesaid, or where the husband alone has executed a mortgage as security for the payment of the purchase price or a part thereof, or any of the said real estate, such court shall order the sale of the same free from the contingent right of dower of such wife^ and shall find and determine the just and reasonable value of such wife's contingent dower interest in the balance of the proceeds of such sale of real estate after the payment of Buch incumbrances as preclude her right to dower therein r provided, that whenever the court shall be satisfied that it would be for the advantage of the creditors of the assignor, the court may, on a written application made to him by a seven-eighths in number and amount of said creditors, order any business carried on by the assignor at the time of the assignmemt, to be carried on by the assignee, and said court shall order the discontinuance of said business whenever he deems it to the advantage of said creditors; and said court shall fix such compensation for said assignee, when ordered to continue said business, in addition to the fees now al- lowed by law, as may be just and proper. Sec. 2. That said section 6351 be so amended as to read as follows : Section 6351. The probate court shall order the payment of all incumbrances and liens upon any of the property sold, or rights and credits collected out of the proceeds thereof, according to priority : provided, that the assignee may, in all cases where the real estate to be sold is incumbered with the the 191 liens, or where any questions in regard to the title require Payment of a decree to settle the same, commence a civil action for the ^^j^f*^^^ , sale of such real estate, in the court of common pleas of the bate^oo^Si ^'f proper county, making all persons in interest, including the [°J wife of the assignor, parties to such proceedings ; and, upon ^ hearing, such court shall order a sale of the premises, the '^f payment of incumbrances and the contingent dower interest ^*» of said wife, subject to the proviso hereinafter contained, Where title ^' and determine the question involved in regard to the title SSreTtoaet- ^' to the same; and the proceeds of the real estate so sold by tie, action ^^ order of the court of common pleas, after the payment may be be- ® of liens and incumbrances, and the contingent dower in ganincom- y terest of such wife, as ordered by such court, shall be re- ™^^ pioaa. f ported to the probate court by the assignee, and disposed ' of as provided in this chapter : provided, that all the provis- ions of said section six thousand three hundred and fifty, in relation to the wife of the assignor, as a party to proceed- ings thereunder and her rights by virtue thereof, shall ap- ply to proceedings under this section. Nothing in this sec- tion and said section six thousand three hundred and fifty shall be so construed as in any way to impair the right of homestead exemption, or the right of an allowance in lieu of homestead, or the mode provided by law for enforcing such rights. Sec. 3. That said original sections six thousand three hundred and fifty and six thousand three hundred and fifty- one be and the same are hereby repealed. Sec. 4. This act shall take effect* and be in force on and after its passage. THOS. A. COWGILL, Speaker of the House of Representaiiv€8. R. G. RICHARDS, President pro tern, of the Senate, Passed April 13, 1880. [HouBe Bill No. AH).] AN ACT To amend sections 2766, 2806, and 2807, aad to repeal sections 2767, 2768. 2806, 2809, and 2810 of the revised statutes of Ohio. Section 1. Be it eruicted by the OeneraX Assembly of the State of Ohio, That sections 2766, 2806, and 2807 of the .revised statutes of Ohio be so amended as to read as follows : Auditor to Section 2766. Upon receiving such report, the auditor banlfshares shall fix the total value of the shares of such bank, according and transmit to their true value in money, and deduct from the aggregate same with sum so found the valu* of the real estate included in the T^^'*^' statement of resources as the same stands on the duplicate ; board of and when the bank is located in any city of the first or equalization. 192 » second class, he shall thereupon make out and transmit to the city board of equalization, otherwise to the county board of equalization, a copy of the report so made by the cashier, together with the valuation of such shares as so fixed by the auditor. Powen and Section 2806. The county auditor shall lay before each dBties of ^ of the above named boards, for the territory they respectively ^^^^f of have jurisdiction over, copies of all reports made by cashiers equalization. ^^ ^^^^^^ ^ ^^^.^^^ :^ ^^^^j^^ twenty-seven hundred and siztv-five, together with the valuation of the shares of such bank as fixed by the auditor aod the returns of the assessors for ihe current year, and also the valuation of the real estate as the same was entered on the duplicate of the preceding year, or as fixed by the state board of equalization, with such maps, returns, lists, abstracts, and other papers that may be in the auditor's ofiSce, pertinent to their duties; and each of said boards shall keep a regular journal of its proceedings, which shall be deposited with the auditor. Manner of Section 2807. The said boards shall hear complaints, and eqaalization equalize the assessments of all personal property, moneys, of property ' and credits, new entries and new structures returned for the eqJa^^ionf 0^^''®^^^ J^^^ by ^^^ township assessors, and the shares of the * several banks in said county as fixed by the auditor; and they shall have power to add to or deduct from the valuation of the sharQS of such banks as fixed by the auditor, or of the personal property, or moneys, or credits of any person re- turned by the assessor, or wnich may have been omitted by him, or to add other items, upon such evidence as shall be satisfactory to said boiard, whether said return be made upon oath of such person or upon the valuation of the assessor, or upon the valuation of the auditor ; but when any addition shall be ordered to be D|ade to any list returned under oath, a statement of the facts on which such addition was made shall be entered on the journal of the board; and when any reduction shall be ordered to be made in the amount of the personal property, or moneys and credits of any person, or of the shares of any bank, whether such return be made by such person or by the assessor, or by the auditor, a statement of the facts on which such reduction was made shall be entered on the journal of the board. Sec. 2 That sections 2766, 2767, 2768, 2806, 2807, 2808, 2809, and 2810 be and the same are hereby repealed. Sec. 3. This act shall be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of BepreeerUatives. R. G. RICHARDS, PreriderU pro tern, of the Senate. Passed April 13, 1880. 193 LHouse BiU No. 482.] AN ACT To amend section 167 of the revised statutes of Ohio. Section 1. Be it enacted by the General Assembly of the State of Ohi >, That section 167 of the revised statutes of Ohio b^ amended to read as follows : Section 107. He may remit such taxes and penalties thereon as he ascertains to have been illegally assessed, and such penalties as have accrued or may accrue in consequence of the negligence or error of any officer required to do any duty relating to the assessment of property for taxation, or the levy or collection of taxes, and he may. from time to time, correct any error in any assessment of property for taxation or in the duplicate of taxes in any county : pro- vided, that when the amount to be remitted in any one case shall* exceed one hundred dollars he shall proceed to the office of the governor and take to his assistance the governor and attorney-general) and in all such cases may remit no more than shall be agreed upon by a majority of the officers named. Sec. 2. That said original section 167 be and the same is hereby repealed. Sec. 3. This act shall take effect from and after its passage. THOS. A. COWGILL, Speaker of the House of Representativee. R. G. RICHARDS, President pro iem, of the Senate, Passed April 18, 1880. Auditor of state may remit iUegal taxes or pen- alties and correct dnplioates. [Senate BiU No. 329 ] AN ACT To anthorice certain mnuiclpal corporations to construct machine shops and to issue bonay by it be determined by resolution, or such council may seli or convey said shops to a railway company or companies, with or without the grounds upon which the same are to be 4>uilt, or contracted to be built, for such consideration and upon such terms, conditions, and reservations as may by it be determined by resolution, not in conflict with the former provisions of this aot. Sec. 4. That the powers herein conferred shall in no case be exercised by such council until thereto authorized by a vote of the qualified electors of feuch municipal corporation, taken at a general or bpecial eleciion held therein; that for the purpose of submitting such proposition to a vote oi such ■electors, the clerk of said municipal corporation, upon th,e passage of a resolution by such council for the purpose, shall give notice of the time of holding such election, wnich shall be published in all the newspapers published in such city, whether English or German, at least ten days prior to the day of holding such election. Such election shall be held at the usual places of holding elections, and by the officers authorized to preside at elections in such municipal corpo- rations. The poll-books and tally-sheets of such election shall forthwith be reiurmd to the clerk of such municipal corporation, who, with the president of the council, shall at any regular or special meeting of such council proceed to canvass such vote, and the clerk of fcuch municipal corpo- ration shall enter tiie number ol votes cast for and against said proposition in such voting precinct, and of tbe aggre- gate number of votes for and tbe number of votes against such proposition in such municipal corporation, and if it shall appear by the returns of such election that two thirds of all the electors voting at such election shall nave voted in favor of such proposition, such council shall be authorized to exercise the powers conferred by this act; and if two-thirds ol said electors shall not have voted in favor of such propo- sition, such council shall not exercise the powers conierred I I 195 e n by this ftct. The ballots to be voted at such general or special election shall have written or printed thereon the words " machine shops, yes," ** machine shops, no." Sec. 5. That the resolution of such count^il herein pro- vided for shall forthwith be entered by the clerk of such municipal corporation upon the ordinance book of such municipal corporation, and shall take effect upon the passage without publication, any provisions of the law to the con- trary notwithstanding. Sffc. 6. That all contracts, agreements, or conveyances authorifsed by this act snail, upon the part of such municipal corporation, be signed by the mayor, countersigned by the clerk, and attested by the seal of such municipal corporation, and the council of such municipal corporation is hereby authorized to levy such tax upon the taxable property of such municipal corporation each year thereafter as may be necessary to pay the interest on such bonds as may become due, and to provide a sinking fund to pay the principal of said bonds at maturity. Sec. 7- That this act shall take effect and be in force from and after its passage. THOS. A. 0OWdines, and cause to be kept a full and accurate account of their dis- bursements, and make a re'port of the same to the township clerk, whenever requested so to do by a resolution of the township trustees. No money shall be drawn from said fund but upon the order of said board except their own compen- sation, which shall be paid out of the same upon the recom- mendation of the township trustees, by resolution duly adopted and allowed by the court appointing them. Sec. 5. Said trustees shall hive power to take such se- curity from any officer, agent, or contractor chosen, or ap- pointed, or employed by them, as they shall deem Advis- able. They shall not become surety for any such officer, agent, or contractor, or be interested, directly or indirectly, in .'ny contract concerning said railway. They shall be re- sponsible onlv for their own acts. Sec. 6. Whenever the township tru<*tees, or anv one of them, of any township under whose action a board of trus- tees has been appointed as herein provided, shall have rea- son to believe that any one or more of said trustees has failed in the faithful performance of his trust, it shall be the duty of such township trustees to apply to the then judge of the court of common pleas by petition, alleging such misconduct, and praying that he or they be removed, and that such vacancies be ordered to be filled in the manner heretofore provided for; and if the said township trustees shall fail, upon the written request of not less than five resident tax payers, or upon the request of any of the bond- holders of said township bonds, then, and in that case, such tax-payers or bondholders may file such petition for relief in the court of common pleas of said county ; and if the courts, upon the hearing of said petition, shall adjudge in favor of such plaintiff, it shall remove such trustee or trus- tees, and any vacancy from this, or by resignation, death, or removal, shall be filled in the manner hereinbefore provided for. Sec. 7. Whenever in the construction of a line of rail- way, as herein provided, it shall be necessary to appropriate land for the foundation of the abutments or pier of any bridge acro-s any stream, or for any other purpose, or to ap- propriate any rights or franchisee, proceedings shall be com- menced and conducted in accordance with the laws in force at the time for the appropriation of such private property for the use of corporations, except that the oath ana verdict of the jury, and judgment of the court shall be varied to suit the case. Sec. 8. Whenever there shall be between the termini designated in any resolution passed under this act, a railroad 200 already partially constructed, or rights of way acquired therefor, which can be adopted as parts of the line provided for in said resolution, the trustees of said line may purchase or lease the said railroad or right of way, and pay for the same out of the trust fund. Sec. 9. Whenever in the construction of a line of rail- way, as herein provided, the said board of trustees shall find it necessary to use or occupy any street, alley, or other pub- lic way, space, or ground, or any part thereof, of any incor- porated village in said township, proceedings shall be com- menced and conducted in accordance with the laws in force at the time for the appropriation of such rights or easements by street railway corporations, except that the oath and ver- dict of the jury, and judgment of the court, shall be so varied as to suit the case. Sec. 10. On the final completion of any line of railway constructed under the provisions of this act, the board of trustees shall have power to lease the same to any person or persons, or company, as will conform to the terms and con- aitions which shall be fixed and provided by the trustees of the township by which the line of railway is owned. Sec. 11. Deeds and contracts may be made, and proceed- ings for appropriations and actions may be commenced either in the name of such township providing the line of railway, or in the name of the trustees of railway (filling the blank with the name given to the railway in the resolution), and said proceedings may be commenced and conducted, either in the court of common pleas or pro- bate court, as in cases of appropriation for the use of munio- pal corporations. Sec. 12. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives, R. G. RICHARDS, President pro tern, of the Senate, Passed April 13, 1880. [HonseBiUNo. 381.] AN ACT To amend section 466 of the revised statutes of 1880. Section 1. Be it enacted hy the General Assembly of the State of OhiOy That section 466 of the revised statutes be so amended as to read as follows : Terms of Section 466. During the year 1880 after the expiration ^-^nrtin of the March term thereof, there shall be two terms of the flayahoga. court of common pleas in Cuyahoga county, commencing on connty. ^^is first Monday of May and the second Tuesday of October. After said year 1880, there shall be three terms of said court in said county each year, and the day of the commencement 201 of each of said terms shall be fixed as provided in section 457 of the revised statutes of Ohio, and th« judges thereof shall have power to classify and arrange the business therein, and to assign to each of the judges such portion of the busi- ness therein as may be thought proper, and which business of the court may be disposed of by all or any member of the judges sitting together or each sitting separately ; and the judges of the court may make such rules and regulations for the government of the officers of the same as may be proper for the efficient transaction of the business thereof. Sec. 2. Section 466 of the above entitled act is hereby re- pealed. Sec. 8. This act shall take effect and be in forc^) from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives, R G. RICHARDS, President pro tern, of the Senate, Passed April 13, 1880. IHouseBiUNo. 269.] AN ACT To amend Beotion 5369 of the revised statntes, and to repeal the eeotion so ameDded. Section 1. Beit enacted by the General Assembly of the State of OhiOy That section 5369 of the revised statutes of Ohio be and the same is hereby amended so as to read as follows : Section 6369. Where either or both parties have died, or How Judg- may hereafter die, after judgment rendered, and before mem revived satisfaction thereof, the representatives, real or personal, or T.^®"]**'^ both, as the case may require, may be made parties to the ^.Tend^ed! judgment, and the same may be revived by an action brought for that purpose ; or they may be made parties thereto in the same manner as is prescribed for the revival of actions before judgment ; and such judgment may be rendered and execution awarded as might or ought to have been given or awarded against the representatives, real or personal, or both, of such deceased party; and where any judgment or decree has been heretofore rendered, or may hereafter be rendered, in the district court of any county, and a mandate be ordered to be sent to the court of common pleas to carry the same into execution, and if either or both parties thereto have died or shall die before satisfaction thereof, the same may be revived in such court of common pleas, in conformity t i x^ with this section, and the provisions of this section shall ^n^^J apply to pending actions ; but nothing herein shall revive aotioos. 202 any action already barred by the statute of limitation, and said section 6369 is here )y repealed. Sec. 2. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. I R. G. RICHARDS, President pro tern, of the Senate, Passed April 14, 1880. Presoribing heating Bp- paratns for railroad oars. Penalties for Tiolatiog certain seo- tions. [House Bill No. 388.] AN ACT To amend sections 3361 and 3354 of the revised striates of Ohio, and to repeal said sections, and also sectioo 3352. Section 1. BeU enacted by the General Assembly of the State of OhiOf That sections 3351 and 3354 of the revised statutes of Ohio be so amended as to read as follows: Section 3351. Each railroad company in this state shall, when necessary to heat any of its cars for carrying passengers, mail, baggage, or express matter, do so by a stove or heater so constructed and protected as to most effectually guard the passengers against the danger by fire, in case of accident by collision, or the cars being overturned or thrown from the track ; and it shall be unlawful for any such company to permit any other person or corporation to use cars carrying passengers, mail, baggage, or express matter over its road unless the heating apparatus thereof shall conform to the requirements of this section. Section 3354. Any railroad company refusing or neglect- ing to comply with the provisions of section 3351, shall be liable to a penalty of not less than one hundred nor over five hundred dollars,, to be recovered in a civil action in any court of record in any county through which such road shall pass, in the name of the Stat6 of Ohio, for the benefit of the common schools of the state, to be prosecuted by the prosecuting attorney of the proper county, at the in- stance of the prosecuting attorney, or at the instance of the railroad commissioner, as provided by law (sec. 263, rev. st.) in other cases for the recovery of penalties and forfeitures against railroad companies, after due notice given by such railroad commissioner to the president or managing officer of such delinquent railroad company, and its neglect there- after for a period of thirty days to comply with the provis- ions of said section; the prosecuting attorney to receive twenty five (25) per cent, of all fines and costs collected un- der the provisions of this act. Sec. 2. That sections 3351, 3352, and 3354 of the revised statutes of Ohio be and the same are hereby repealed; and such repeal shall afifect and annul all penalties accruing or 203 accrued, and not reduced to judgment, under said sections of the act of Maj 4, 1869, or any act to which said sections are amendatory : provided, that such repeal shall not affect any claim for damages resulting to any person being a pas- senger, by reason of the non-compliance on the part of any railroad company .with the requirements of such re- pealed sections. Sec. 3. This act shall take effect and be in force from and after its passage. TH08. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS. President pro tern, of the Senate. Passed April 14, 1880. [Senate BiU No. 86.] AN ACT To amend seoMonR 6^4, 635, 636, 637, 638, 642, and 650, and to repeal seo- tions 67.'S, 681, G-^2, 683, 684, (585, 686, 687, 686, 689, 690, 691, and 693 of the revised statntes of Ohio. Section 1. Be ii enacted by the Oeneral Assembly of the State of Ohio, That sections 634, 635, 636, 637, 638, 642, and 650 of the revised statutes of Ohio be so amended as to read as fol- lo^«- . Control of Section 634. The controland management of the state Bt«tebenevo- benevolent institutions, including the reform school for lent Inst tu- boys, and the girls' industrial home, shall be under a board '^nSerby the trustees, each bond to be several, and conditioned for the faithful performance of his duties as such trustee; said bond shall be signed by not less than three sureties, and shall \ 214 be approved by the clerk of said court, and be signed in dupli- cate, one copy to be filed with the clerk of said court and the other with the treasurer of sdd township. Said trustees shall, before entering upon the discharge of their duties, each take an oath of ofiice, that they will taithfuUyand hon- estly discharge the duties of their office. Sec. 3. The said board of trustees and their successors shall be the trustees of said fund, and shall have the control and disbursement of the same. They shall expend said fund in procuring the right to construct, and in constructing a railway, with all the proper appendages, and, if deemed neces?ary, a line of telegraph between the termini specified in said resolution, and for the purpose aforesaid, shall have the power and capacity to make contracts, appoint, employ, and pay officers and agents, and to acquire, hold, and possess all the necessary real and personal property and franchises. They shall also have power to receive donations of land, money, bonds, and other personal property, and to dispose of the same in aid of said fund. The said trustees shall have the right to bring, maintain, and defend all actions, and to sue and be sued, plead and be impleaded, touching the said trust and trust property in their own names as such trustees, in any of the courts of this state or elsewhere; they shall elect a treasurer, whose duty it shall be to draw from the treas- urer of the county all of said trust funds upon the order of said trustees, and the said treasurer shall give bond in such sum as said trustees shall designate, which bond shall be signed by at least three sureties, and shall be approved by at least tour-fifths of said trustees Sec. 4. The said trustees shall form a board, and shall choose one of their number president, who shall also be the acting trustee, with such powers as the board may, by reso- lution, from time to time, confer upon him. A majority of said trustees shall constitute a quorum, .and shall hold regu- lar meetings for the transaction of business, at their regular office in the township under whose action they are appointed, but they may adjourn, from time to time, to meet ^4 any place they may think proper. They shall keep a record of their proceedings, and cause to be kept a full and accurate account of their disbursements, and make a report of the same to the township clerk, whenever requested to do so by a resolution of the township trustees. No money shall be drawn from said fund but upon the order of said board, ex- cept their own compensation, which shall be paid out of the same upon the recommendation of the township trustees, by resolution, duly adopted and allowed by the court appoint- ing them. Sec. 6. Said trustees shall have power to take such security from any officer, agent, or contractor chosen, or appointed, or employed by them as they shall deem advisable. They shall not become surety for any such officer, agent, or con- tractor, or be interested, directly or indirectly, in any con- 215 tract concerning said railway. They shall be responsible only for their own acts. Skc. 6. Whenever the township trustees, or any one of them, of any township under whose action a board of trus- tees has been appointed, as herein provided, shall have rea- son to believe that any one or more of said trustees lias failed in the faithful performance of his trust, it shall be the duty of such township trustees to apply to the then judge of the court of common pleas, by petition, alleging such misconduct, and praying that he or they be r^^moved, and that such vacancy be ordered to be filled in the manner hereinbefore provided for, and if the said township trustees shall fail, upon the written request of not less than five resident tax payers, or upon the request of any*t)f the householders of said township, then, and in that case, such tax-payers or bondholders may tile such petition, for like relief, in the court of common pleas of said county; and if the court, upon hearing such petition, shall adjudge in favor of such plaintiff, it shall remove such trus- tee or trustees, and any vacancy from this or any cause, resig- nation, death, or removal, shall be filled in the manner hereto- fore provided for. Sec. 7. Whenever, in the construction of a line of rail- way, as herein provided, it shall be necessary to appropriate land for the foundation of the abutments or pier of any bridge across any stream, or for any other purpose, or to ap- propriate any rights or Iranchises, proceedings shall be com- menced and conducted in accordance with the laws in force at the time for the appropriation of such private property for the use of corporations, except that the oath and verdict of the jury and judgment of the court shall be so varied as to suit the case. Sec. 8. Whenever there shall be, between the termini designated in any resolution passed under this act, a railroad already partially constructed, or right of way acquired there- for, which can be adopted as parts of the line provided for in said resolution, the trustees of said line may purchase or lease the said railroad, or right of way, and pay for the same out of the trust fund. Skc. 9. Whenever, in the construction of a line of rail- way, as herein provided, the said board of trustees shall find * it necessary to use or occupy any street, alley, or other pub- lic way, space, or ground, or any part thereof of any incor- porated village in said township, proceedings shall be com- menced and conducted in accordance with the laws in force at the time for the appropriation of such rights or easements by street railway corporations, except that the oath and verdict of the jury and the judgment of the court shall be so varied as to suit the case. Sec. 10. On the final completion of any line of railway, constructed under the provisions of this act, the board of trustees shall have power to lease the same to any person or persons, or company, as will conform to the conaitions and 216 terms which shall be fixed and provided by the trustees of the township by which the line of railway is owned. Sec. 11. That the trustees of any township described in this act may, after trustees have been appointed as provided in this act, advance to said trustees, out of any funds of said township, such sum as is necessary, not exceeding five hun- dred dollars, for carrying the object for which they were ap- pointed into efiect; and said sum shall be repaid out of the trust fund provided for in this act, when raised. Sec. 12. Deeds and contracts may be made, and proceed- ings for appropriations and actions may be commenced, either in the name of such township providing the line of railway, or in the name of the trustees of railway (filling the blank with the name given to the railway in the resolution), and said proceedings may be commenced and conducted, either in the court of common pleas or probate court, as in cases of appropriation for the use of municipal corporations. Sec. 13. This act shall take effect and be in force from and after its passage. THOS. A. C0WQILL, Speaker of the House of RepreserUatives. R. G. RICHARDS, PresideTU pro tern, of Senate. Passed April 15, 1880. [Senate BUI No. 144.] Bight of wit- UMito de- Bazid iMsln •dvanoe. AN ACT To amend section 5251 of the revised statates of Ohio, relating to the demand of witness fees. Section 1. Be it enacted by the General Aseembly of the State of OhiOy That section number 5251 of the revisea statutes of Ohio be amended to read as follows : Section 5251. A witness may demand his traveling fees and fee for one day's attendance when the subpoena is served upon him, and if the same be not paid, the witness shall not be obliged to obey the subpoena; and, when a witness has attended upon the court, he may in like manner demand his fees from day to day until discharged by the court. The fact of such demand and payment or non-payment shall be stated in the return by the ofEcer ; and, if the witness be not discharged on the day he is notified to appear, then the fact of payment or non-payment shall be noted by the clerk in the witness book. Sec. 2. That section number 5251 of the revised statutes aforesaid be and the same is hereby repealed. 217 Sbc. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL. Speaker of the House of RepreeentativeB. R. G. RICHARDS, PreriderU pro tern, of the Senate, Passed April 15, 1880. [Senate BUI No. 84.] AN ACT Supplementary to and amendatory of sectioDs 20S7 and 2090 of the reyised statutes. Section 1. Be it enacted by the Oenerai Assembly of the StaJte of Ohio, That sections two thousand and eight-seven and two thousand and ninety be amended so as to read as fol- lows : Section 2087. Directors of a house of refuge, now in office, iMieoton of shall continue in office until the expiration of their respective * honees of appointments, and until their successors are chosen and refage tow- qualified. The board of directors of such house of refuge ™,J5^S2J** mav, at its discretion, receive into such institution infants snooesson under the age of sixteen years committed to their custody are ap- in either of the following modes to wit : pointed. First — Infants committed by the mayor or police court of ' Manner of a municipal corporation, or any judge of a court of record, or reoeinng any justice of the peace of any county in the state, on com infantsnnder plaint and due proof by the parent, guardian, or next friend ^^J^ ^^ of such infaint, that, by reason of incorrigible or vicious con- ^^ duct, such infant has rendered his control beyond the power of such parent, guardian, or next friend, and made it mani- festly requisite that, from regard to the public welfare of such infant, and for the protection of society, he should be placed under the guardianship of the board of directors of such house of refuge and correction. Second — Infants committed by the authorities, aforesaid, when complaint and due proof have been made that such infant is a proper subject for the guardianship pf the direct- ors of such institution, in consequence of .vagrancy, or of incorrigible' or vicious conduct, and that from the moral depravity of the parent, guardian, or next friend, in whose custody such infant may be, such parent, guardian, or next friend is incapable, or unwilling to exercise the proper care and discipline over such incorrigible or vicious infant. Third — Infants committed by the authorities, aforesaid, when complaint and due proof has been made that such in- fants are homeless, or are without a proper and suitable home, or have inadequate means of obtaining an honest living, or who are in danger of being brought up to lead idle or immoral 218 life, or who are abandoned by their parents, or on complaint of the mother of Buch infants, that their father is dead or has abandoned them, or does not provide for their support, or is an habitual drunkard, or that she is unable to properly sup- port them. Fourth — Every officer authorized to commit infants to the guardianship of gaid directors shall keep a record of their pro- ceedings in the manner directed in this chapter, and shall furnish a transcript thereof, with the mittimus, to said board of directors. The said mittimus shall state that the infant therein named has been adjudged a proper subject to be placed under the guardianship of said directors, and the officer receiving the same shall forthwith execute it as pro- vided hereinafter; and all officers so committing, excepting those receiving a stated salary, shall be entitled to fees as in criminal cases, payable out of the county treasury on oider of the county auditor. Filth — The transcript of euch proceedings, and the mitti- mus, shall be signed by such committing officer, and, to- gether with the infant ^o committed, be delivered to the custody of any constable or sheriff; and such officer shall forthwith transport such infant to the institution to which it may be committed, and deliver the same, together with the said transcript and mittimus, to the officer in charge of the same, and shall take his receipt therefor; and, upon pro- duction of such receipt to the officer making such commit- ment, he shall indorse thereon the costs of bUch officer in so transporting such infant, at the same rate as allowed in similar cases ; and« on presentation of such receipt so indorsed to the county auditor of the county from which such infant shall be sent, he shall at once draw his warrant upon the county treasurer of said county for the am6unt therein named, and such receipt shall be his authority for drawing the same; and, on presentation of such warrant to said treasurer, he shall forthwith pay the same from any funds in his possession belonging to ^aid county. Sixth — For the care and maintenance of all infants, other than those committed by the mayor or police court of a municipal corporation to which a house of refuge may belong, for offenses against the ordinances of such corporation, such institution ^hall receive compensation from the county from whence the commitment is made, which compensation shall be fixed by the board of directors of such institution ; and upon presentation of a certificate of the number of infants, and amount due for the care and maintenance of the same, signed by the officer in charge of such institution, to the county auditor of the county from which such infants have been committed, he shall at once draw his warrant for the amount therein stated, to the order of such officer, and such certificate shall be his authority for so doing; and upon presentation of such warrant to the county treasurer of such 219 county, shall forthwith pay the same from any funds in his possession belonging to said county. Seventh — The said board of directors may receive into such house, and under their guardianship, infants under the age of sixteen years, upon the request of their lawful guardians, without the intervention of a court; but infants so received shall be subject to all the provisions of this act as though committed by a court of record; and such board, as often as they may deem proper, may fix, demand, and receive com- pensation from guardians of infants committed to their care, for the care and maintenance of the same. Section 2090. Sections two thousand and thirty-five, two Certain thousand and thirty-six, two thousand and fifty>three, two tionsof Um thousand and fifty four, two thousand and fifty live, two thou- r®vi«ed sand and fifty-six, two thousand and fi»ty-seven, two thousand J^*mgd©**^ and fifty-eight, two thousand and fifty- nine, two thousand applicable and sixty, two thousand and sixty one, two thousand and tohonaesof sixty two, two thousand and sixty-three, two thousand and refog^^ sixty -four, two thousand and sixty five, two thousand and sixty six, two-thousand and sixty seven, two thousand and sixty-eight, two thousand &nd sixty-nine, two thousand and seventy, two thousand and seventy-three, two thousand and seventy-four, two thousand and seventy five, two thousand and seventy-six, two thousand and seventy seven, two thou- sand and seventy eight, two thousand and seventy nine, two thousand and eighty, two thousand and eighty-one, are here made applicable to this subdivision as though here repeated.' Sec. 2. That said original sections two thousand and eighty-seven and two thousand and ninety be and the same are hereby repealed. Sec. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RepreserUativeSm R. G. RICHARDS, President pro tern, of the Senate, Passed April 15, 1880. [Senate Bill 119. J AN ACT To authorize cities of the nenond class, which hy the last federal ceDsuii had a popnlation of twelve thonsaad six handred and fifty -two, to ooq- Btruot certain improvements therein named, and to issue bonds for the payment ot the same. [SPRINGFIELD.] Section 1. Beit enacted by the Oenerai Assembly of the State Certain city o/ OhiOy That the city council of any city of the second olass, authoriredto in this state, which by the last federal census had, or by any p»k»<*'**"» succeeding census shall have, a population of twelve thou- J^ntoT*" sand six hundred and fifty-two, shall have power, whenever 220 Hay iflsne bonds to pay for same. Connoilto loTy tax to paT priDoi- SI and in- rest as it acGmes. they deem it expedient, to make any one or all of the im* provements provided for in subdivision five, chapter four, division seven, title twelve, revised statutes of Ohio, and may make any or all of said improvements at one time or separately and at different times, as may, in the opinion of the council, be most expedient. Seo. 2. For the purpose of providing the means for pay- ing the costs and expenses of making an^ one or all of the improvements authorized by the^ first section of this act, the council of such municipal corporation shall have power to issue its bonds for any amount not exceeding in the aggre- gate one hundred thousand dollars, which Bonds may be made to run for any lengtn of time not exceeding twenty years, and at a rate of interest not exceeding seven per cent., payable semi-annually ; said bonds may be issued at such time or times, and in such amount or amounts as the prog- ress of the work and the convenience of the corporation may require, and shall not be sold or negotiated for less than par, the proceeds thereof to be applied to the payment of the costs and expenses of such work, and to no other purpose whatever. Sec. 3. For the purpose of more fully carrying out the provisions of this act, the council of such municipal corpor- ation, and the clerk thereof, are not required, in the execu- tion of the same, to be governed by section two thousand seven hundred and two of said revised statutes of Ohio. Sec. 4. If any bonds of such city be issued as hereinbe- fore provided, it shall be the duty of the council of such municipal corporation, annuallv thereafter, until the same and the interest thereon shall be fully paid, to assess and levy a tax on all the taxable property of Uie corporation suf- ficient to provide for the payment of the interest accruing upon the bonds so issued, and to create a sinking fund for the payment of the principal of the bonds as they fall due : Srovided, that when such corporation is divided into sewer istricts, the council, instead of assesing and levying such tax upon the entire taxable property of the corporation, may assess and levy the same by districts, fixing such rates for each district as the council may deem proper, or may so levy and assess any part of such tax by districts, and the residue upon the entire taxable property of the corporation; or may levy and assess such tax, or any part thereof, upon any one or more of such districts, exempting the remaining districts from such taxation. Whenever such tax is assessed and levied by districts, or upon any one or more districts, the money thereby realized from each district shall constitute a separate fund, to be applied only for sewerage in the district from which it is derived, and to no other purpose whatever. Sic. 6. The council of such municipal corporation may pa^ the entire costs and expenses of any such improvement or improvements out of the corporation or district fund, as the case may be, raised as hereinbefore provided ; but in no 221 case shall the council, either before such improvement or improvements shidl have been commenced, or after the same are completed, fail to assess and collect the costs and ex- penses ihereof, upon the property thereby specially bene- fited; such assessment to be in any one of the modes, and to the extent authorized by, and to be collected as provided in said subdivision five, chapter four, division seven, title twelve, of said revised statutes, except so far as the same is modified by section four of this act ; and when any such special assessment has been i)laced upon any property, it shall, when collected, be paid into the district fund, author- ized to be created by this act, of the district wherein such property is situated, or if no such fund has been provided for the district, then into the corporation fund authorized by this act to be created : provided, however, that when a fund is constituted for any sewer district, as aforesaid, such im- provement or improvements may, if the council deem the same expedient, be made and paid for out of said dis- trict funa, without any of the assessments in this section Erovided for, upon the property in ^uch districts specially Bnefited by such improvement or improvements. Sec. 6. For the purpose of more fully carrying out the provisions of this act, the council of such municipal corpor- ation is not required to be governed, in the execution thereof, by section two thousand six hundred and eighty-three, nor by section two thousand three hundred and seventy five of said revised statutes; and in all proceedings in making any or all such improvements, where the same are not providea for by this act, such proceedings shall conform to the other laws of the state of Ohio applicable thereto. Sec 7. This act shall take effect on its passa^^e. THOS. A. COWGILL, speaker of the Hovse of Representatives, R. G. RICHARDS, Prerident pro tern, of the Senate, Passed April 16, 1880. Oat of what f and costs to be paid. special seaBineiits when col- lected to be paid into what fand. [Hoase BiU No. 495] AN ACT To anthorize certain villages to baild railroadu, and to lease or operate the same. [PLYMOUTH.] Section 1. Be it enacted by the Genial Assembly of the State of Ohio, That whenever, in anv village which by the federal census of 1870 had, and which oy any subsequent federal cen- sus may have, a population of seven hundred and three, the council thereof shall, on the petition of not less than twenty- five resident tax- payers of such village pass a resolution de- 222 daring it to be essential to the interests of such village that a line of railway shall be constructed on the line to be designated in said petition, and said railway shall be named in said resolution, and the termini thereof shall be designated therein, and not to exceed five miles in length, it shall be lawful for a board of trustees, appointed as herein provided^ and they are hereby authorized, to borrow as a fund for thai purpose not to exceed the sum of fifty thousand dollars, and to issue bonds therefor, in the name of said village, .bear- ing interest at a rate not exceeding six per centum payable semiannually. Said bonds to be payable at such times and places, and in such sums as shall be deemed best by said board. Said bonds shall be signed and sealed by the president of said board, and attested by the clerk of such village, who shall keep a register of the same, and they shall be secured by a pledge of the faith of said village, and a tax which it shall be the duty of the council thereof, annually to levy Twhich tax shall not exceed two and one- half mills on the ooUar in any one year), to pay the interest and provide a sinking fund for the final redemption of said bonds : and provided, that no money shall be borrowed or bond» issued until after the question of providing the line of rail- way specified in said resolution shall be submitted to a vote of ihe qualified electors of such village, at a special election to be ordered by the council thereof, of wbich not less than twenty days' notice shall be given by posting up notices at not less than five of the most public places in fiuch village^ and by publishing for three successive weeks such notice in a newspaper, printed in the county wherein such village is located and of general circulation therein : further provided, a majority of said electors, voting at such electiin, shall de- cide in favor (f such line of railway. The returns of Siid election shall be made to the clerk, of said village, ar d by him laid before the council, who shall declare the result by resolution. The bonds issued under the authority of this section shall not be sold or disposed of /or less than their par value. Sec. 2. If a majority of the votes cast at said election shall be in favor of the construction of the line of railway, as specified in the first section, it shall be the duty of ' the council to nominate five trustees, who shall be electors and freeholders of f-aid village to be called the trustees of railway (the blank to be filled with the name of the rail- road, as given in the aforesaid resolution), and the same nomi- nations bhall be forthwith presented to the judge of the court of common pleas presiding in the county, wherein said rail- road is located, for his approval or rejection, and in case of his rejecting any of the persons named, then other nomina- tions shall be made in like manner until said board is fill* d^ and when said board shall be full the said judge ^hall make an Older indorsing such appointment on the minutes of the court of which he is judge; he shall also designate the^ f 223 amount of bond to be given by the trustees, each bond to be several and conditioned for the faithful performance of his duties as such trustee; said bond shall be signed by not less than three sureties, and shall be approved by the clerk of said court, and be signed in duplicate, one copy to be filed with the clerk of said court and the other with the treasurer of said villagA; said trustees shall, before entering upon the discharge of their duties, each take an oath of of&ce that they will faithfully and honestly discharge the duties of their office. Sec. 3. The said board of trustees and their successors shall be the trustees of said fund, and shall have the control and disbursement of the ^ame. They shall expend said fund in pr xiuring the right to construct and in constructing a rail- way, with all the proper appendages, and, if deemed neces- sary, a line of telegraph between the termini specified in said resolution, and for the purpose aforesaid, shall have the power and capacity to make contracts, appoint, employ, and pay officers and agents, and to acquire, hold, and possess, all the necessary real and personal property and franchij'es. They shall also have power to receive donations of land, money, bonds, and other p«^rsonal property, and to dispose of the same in aid of said fund. The said trustees shall have the right to bring, maintain, and defend all actions, and to sue and be sued, plead and be impleaded, touching the said trust and trust prop'^rty, in th'-ir own names, as such trustees, in any of the ci)urts of this state or elsewhere ; they shall elect a treasurer, whose duty it shall be to draw from the treasurer of the county all of said tru- for the purpose of rebuilding the locks and mik- ing other necessary repairs required to put that portion of the Miami and Erie canal, from Junction in Paulding coun- ty to the state line of Indiana, in good order for navigation ; provided, however, that before any portion of said appro- priation shall be used for the purposes specified in this sec- tion, the board of public works shall require the owners of the Wabash and Erie canal, from the state line, westward, in the state'of Indiana, to enter into a good and sufficient bond, or other guarantee, in the sum of ten thousand dollars, which bond or other guarantee shall be to the satisfaction of the attorney-general and board of public works ; that they 16 N \ S!26 will keep said canal in the state of Indiana in good navi- I sol gable tcondition, and will continue to furnish an uninter- i\k\ rupted supply of water to the branch of the Miami and liDi Erie canal so long as they or their ^ccessors shall continae I ^i to hold possession of said Wabash and Erie canal, unless by l&oi reason of drouth or other unforeseen casualty they are unable I thf. to do so. , I poll Sbc. 2. The money hereby appropriated shall be ex- I j pended by and under the direction of the board of publie | oic works. Skc. 3. This act shall take efiect and be in force from and | an after its passage THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS. President pro tern, of the Smote. Passed April 15, 1880. Section 1. Be it enacted by the Oeneral Assembly of the State I of Ohio, That there be and is hereby appropriated of any money in the treasury, to the credit of the general revenue fund, and not otherwise appropriated, the sum of five thou- sand dollars for rebuilding the workshop of the penitentiary, burned pn the 4th inst Sec. 2. This act shall be in force from and after its pas- sage. THOS. A. COWGILL, Speaker of t?ie House of Representatives. R.G.RICHARDS, President pro tern, of the Senate. Passed April 16, 1880. [Senate Bill No. 111.] AN ACT To amend section S656 and to repeal sedtion 3857 of the revised stiitiites. Section 1. Be it enacted by the Oeneral Assembly of the State of Ohioy That section 2856 of the act passed' June 20, 1879, entitled ''an act to revise and consolidate the general stat- utes of Ohio," be so amended as to read as follows - Section 2856. The treasurer shall forthwith proceed to [HooseBiUNo. 492.] AN ACT Making appropriation for rebuilding a work shop at the Penitentiary. I t lints- ifisbj ex- iblif and 227 collect the taxes and penalty on said duplicate by any of Coanty the means provided by law, and for his services he- shall be *^^pY*/ ^ allowed five per centum on the amount collected, which and^penalty' shall be allowed to him out of the same on his next semi- on duplicate aanual settlement, when said duplicate shall be settled and —bis per- th.e balance of the funds collected distributed in proper pro- ^ntage portions to the appropriate funds. *" ^^' Sec. 2. That said sections 2856 and 2857 of the above mentioned act be and the same are hereby rep'^aUd. Sec. 3. This act shall take efTect and be in force from and aft^r its passage* THOS. A. COWGILL. Speaker of the House of Representatives. I. ' R. G. RICHARDS. President pro tem, of the S&ncUe. Passed April 15, 1880. [House Bill No. 461.] AK ACT To amend seotion H448 of the revieed statutes of Ohio. » Seotiom 1. Bt it enacted by the General Assembly of the State of Ohio, That auction 84^8 of the revised statutes be so amended as to read as follows : Section 8448. Sec. X. It shall be the duty of the board of trustees, in connection with the facJulty of the university, S^^rfb!^ at to provide for the teaching of such branches of learning as obio state are related to agriculture and the mechanic arts, mines, and oDiversity. mine engineering, and military tactics, and such other scientific and clai>sic studies as the resources of the fund will permit. Sec. 2. Said original section 8448 is hereby repealed, and this act shall take effect on its passage. THOS. A. COWGILL, Speaker of the House of RepresentoHves, R. G. RICHARDS, President pro tern, of the SencUe. Passed April 15, 1880. [SeDateBi^llNo. 167.] AN ACT To amend seotions 665 and 656 of the revised statutes. Section 1. Be it enacted by the Oeneral Assembly of the State of Ohio, That sections 665 and 656 of the revised statutes of . I Ohio be so amended as to read as follows : I Section 655. The governor shall appoint six persons, not ^J^KlSd"*'**^* j more than three of whom shall be from the same political staie^?-- ; party, who shall constitute a board of state charities, to ties. 228 Terms of members. VacaDcies — bow filled, eto. Powers and dnties of board. \ / Oovemor may order iDvestiga- tion by board. serve without compensation ; two of whom, as indicated by the governor, upon the first appointment, shall serve for one yjesLT, two for two years, and two for three years ; and, upon the expiration of the term of each, his place, and that ot his successor, shall, in like manner, be filled for the term of three years. Th^ governor shall be, ex oflBcio, a member of said board, and the president thereof. Appointments to fill vacancies caused by death, resignation, or removal before the expiration of such terms may be made for the residue of terms in the same«nanner as original appointments. Section 656 That the board of state charities shall be provided with a suitable room in the state house. Regular* meetings of the board shall be held quarterly, or oftener, if re- quired. Tney may make such rules and orders for the regu- lation of their own proceedings as they may deem necessary. They shall investigate the whole system of public charities and correctional institutions of the state, examine into the condition and management thereof, especially of prisons, jails, infirmaries, public hospitals, and asylums,' and the officers in charge of all such institutions shall furnish to the board, on their request, such information and statistics as they may require; and, to secure accuracy, uniformity, and completeness .in such statistics, the board may prescribe such forms of report and registration a^ they may deem essential ; and all plans for new jails and' infirmaries shall, before the adoption of the same by the county authorities, be submitted to said^fooard for suggestion and criticism. The governor, in his discretion, may, at any time, order an in- vestigation by the board, or by a committee of its members, of the management of any penal, reformatory, or charitable institution of the state ; and said board or committee, hi making any such investigation, shall have power to send for persons and papers, and to administer oaths and afi&rma- tions ; and the report of such investigation, with the testi- mony, shall be made to the governor, and shall be submitted by him, with his suggestions, to the general assembly. Sec. 2. Said original sections 655 and 656 be and the s^me are hereby repealed. Sec. 3. This act shall take efifect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. R G. RICHARDS, President pro tern, of Senate. > Passed April 16, 1880. \ 229 [Hoase Bill No. 4850 AN ACT To aathorize oertain villages to pnrohaae oerfain re il estate for railroad parpoaes, to construot luaobiDo bliops, aad to iHsae bonds thnrefor, and to anthorize additional taxation to meet the principal and interest of said bonds. [dovbr.] Section 1.. Be it enacted by the General Assembly of the State' of Ohio, That the council of any municipal corporation which by the last federal census had, and those which hereafter on the first day of June, in any year, as ascertained b}^ any federal census, may have a population of fifteen hundred and ninety three (1593), is hereby authorized to cotftract for and construct machine shops, ana purchase real estate there- for, and other purposes C9nnected with operating a railway in said municipal corporation, and to pay for the same not exceeding fifty thousand dollars ($50,000). Sbc. 2. That any such council of said municipal corpora- tion to provide the money for the payment of such real estate, and for. the construction of such machine shops, is hereby authorized to issue th^ bonds of said municipal corporation, payable in twenty years, or less, bearing interest at the rate of six per cent., payible semi annually, and to provide for the payment of said bonds and the interest thereon as herein provided. Sec. 3. That any such municipal corporation is hereby au-"^ thorized and required, for the purpose of paying the interest and principal of said bonds, to levy on the taxable property of said municipal corporation annually, a tax not exceeding eight mills on the dollar of such taxable property, in addition to the tax authorized by law, to be levied by such municipal corporatioD, and said tax so levied shall be applied to no other purpose than the payment of the interest and principal of saia bonds : provided, that if more money shall be raised in any one year than is required to pay the amount due on said bonds for that year, the balance shall be set aside and constitute a sinking fund, to be applied to the principal of said bdnds, whenever the amount of said fund shall equal the sum due on one or more of said bonds. * Sec. 4. That such municipal corporation is hereby author- ized to grant or lease the property so purchased, or part thereof, and the machine shops so constructed, or part thereof, to one or more railway companies, for railway purposes upon such terms and conditions as *may be agreed upon between such municipal corporation council, and such company or companies. Sec. 5. That before such purchase is made, bonds issued, or any of the powers herein conferred shall be exercised, such municipal corporation council shall submit the question of the exercise of such powers to the qualified electors of such municipal corporation, at any general or special election, to 290 be called by said municipal corporation coundil, by publish- ing the same in two of the papers published in said munici- pal corporation, at least ten days before the day of such elec- tion, calling attention to the time and place at which said election will be held, and the obj»»ct and purpose thereof; the ballots to be voted at such election shall have written or printed thereon the words, *' Machine shops, yes ; " ** Machine shops, no." That the poll- books and tally-sheets of such elec- tion shall be forthwith, after the close of said election, re- turned to the clerk of such municipal corporation, and the said municipal corporation council shall, at its next regular meeting therr^after, provide for the canvassing of said returns, and shall cause the results to be entered upon the journal of said council and proceeding of that meeting, and if it shall appear that two thirds of the electors voting at said election have not voted in favor of said proposition, said council shall not exercise any of the powers in this act conferred and , authorised. Sec. 6. This act shall take effect and be in force from and after its passige. THOS. A. COWGILL; Speaker of the House of RepresentcUivee, R G. RICHARDS, President pro tern, of the Senate. Passed April 16, 1880. Compensa- tioD of de- ceDDialcoan- ty SD(1 city bourds of eqaalizfttion. Per diem and mileage of meml»erB of abate board of eqalfcliza* tion. [Honse Bill No. .343.] * AN ACT To provide compeD8ar.ioD for members, ooanty, city, and state boards of eqnaiizatioti, foi eq a alizAtion of appraisement of real estate appraised iu 1880. ^ Section 1. Be it enacted by the Oeneral Assembly of the Stale of Ohioy That each member of any decennial county or city board of equalization, for the equalization of real property as appraised by district assessors, in the* year 1880, including the county auditor, shall be entitled to receive for each day ilecessarily employed in the performance of his duties the sum of three dollars, to be paid out of the county treasury after the same has been allowed by the board of county com- missioners. S£C. 2. That each member of the state board of eqvali«a'> tion, excepting auditor of state, for the equalizatioD of real property of the state, as returned to the state auditor by the several county auditors of the state, shall be entitled to receive for each day necessarily employed in the performance of his duties, the sum of five dollars, also twelve cents per mile, each way, for traveling from and to his place of residence, by the most direct route of public travel, to and from the seat of government ; the same to be paid out of the general reve- 231 nae fund of the state, the Bame having been certified to the auditor of state by the president of the board. Sec. 3. This act to take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Represeniaiive^ E G. RICHARDS, Preddenl pro tem, of the Senate, Passed April 15, 1880. [Senate BiU Ko.2^7.] AN ACT To Mithorise oeriftiii townshipe to build nulroada and to leaae or operate the [LOHDOSDSBBT, MADISON, AND &ICHLANO TOWNSHIPS, GUERN- SEY COUNTY.] Section 1. BeU enacted by the Oeneral Aesembly of the State of Ohio^ That whenever in any townshi|T, which by the fed- erid census of 1870 had, and which by any subsequent federal census may have, a population of thirteen buudred and thir- teen (1313), fourteen hundred and four (1404), oi^ eleven hun- dred and seventy (1 170), the township trustees thereof shall, by a resolution passed by a majority of the members elected thereto, declare it to be essential to the interest of such town- ship that a line of railway, to be named in said resolution, should be provided between termini designated therein in the said township, not exceeding seven miles in length, it shall be lawful for a board of trustees appointed as herein provided, and they are hereby authorized to borrow as a fund for that purpose, not to exceed the sum of thirty thou- sand dollars, and to i^sue bonds therefor, in the name of said township, bearing interest at a rate not exceeding sixs per centum per annum, payable semi-annually. Said bonds to be payable at such time and places, and in such sums as shall be deemed best by said board. Said bonds shall be signed and sealed by the president of said board, and attested by the clerk of such township, who shall keep a register of the same, and they shall be secured by a mortgage on the line of railway and by the pledge of the faith of such town- ship, and a tax which it shall be the duty of the trustees thereof, annually, to levy (which tax shall not exceed five mills on the dollar in any one year), to pay interest and Krovide a sinking fund (or the final redemption of said onds : provided, that such township shall not in any one year levy taxes to a greater amount than twenty (20) mills on the dollar, including the levy for said bonds : and, provided, that no money shall be borrowed on bonds issued until afier the question of providing the line of railway specified in 232 said reeolution shall be submitted to a vote of the qualified electors of such township, at a special election to be ordered by the township trustees thereof, of which not less than ' twenty days' notice shall be given by posting up notices at not'less than five of the most public places in each of the villages in such township, and by publishing, for three suc- cessive weeks, such notice in a newspaper, printed in the county wherein such lownship is located and of general cir- culation in such township: further provided, a majority of said electors, voting at such election^ shall decide in favor of such line of railway. The returns of said election shall be made to the clerk of said township, and by him laid before the township trustees, who shall declare the result by reso- lution. The bonds^issued under the authority of this section shall not be sold or disposed of for less than their par value. Sec. 2. If a majority of the votes cast at said election shall be in favor of providing the line of railway, as speci- fied in the first section, it shall be the duty of the township clerk, forthwith, to file a petition in the court of common pleas of the county in which such township is located, pray- ing that the judge thereof will appoint five trustees, who shall be electors and freeholders of said township, to be called the trustees of railway (the blank to be filled with the name of the railwaj^, as given in the resolution), and it shall be the duty of said judge to make the appointment, and enter the same upon theminutesor journal of the court. They shall enter into bond to the township in such sum as the court may direct, with one or more sufficient sureties, to be approved by the court, conditioned for the faithful discharge of their duties. The bond so taken shall be deposited with the township treasurer for safe keeping. Sec. 3. The said board of trustees and their successors shall be the trustees of said fund, and shall have the control and disbursement of the same. They shall expend said fund in procuring ,the right to construct, and in constructing a railway, with all the proper appendages, and, if deemed necessary, a line of telegraph between the termini specified in said resolution, and for the purpose aforesaid, shall have the power and capacity to make contracts, appoint, employ, and pay gfiicers and agents, and to acquire, hold, and possess all the necessary real and personal property and franchises. They shall ajso have power ta receive donations of land, money, bonds, and other personal property, and to dispose ot the same in aid of said fund. Sec. 4. The said trustees shall form a board, and shall choose one of their number president, who shall also be the acting trustee, with such powers as the board may, by reso- lutions, from time to time, confer upon him. A majority of said trustees shall constitute a quorum, and shall hold regu- lar meetings for the transaction of business, at their regular ofiBce in the township under whose action they are ap« pointed, but they may adjourn, from time to time, to meet 233 at any place they may think proper. They ehall keep a record of their proceeding?, and cause to be kept a full and accurate account of their disbursenaents, and make a report of the same to the township clerk, whenever requested bo to do by a resolution of the township trustees. No money shall be drawn from said fund but upon the order of said board, except their own compensation which shall be paid out of the same upon the recommendation of the township trustees, by resolution, duly adopted and allowed by the court ap- pointing them. ^ Sec. 6. Said trustpes shall have power to take such secu- rity from any officer, agent, or contractor chosen, or ap- pointed, or employed by them as they shall deem advisable. They shall not become surety for any su '.h officer, agent, or contractor, or be interested, directly or indirectly, in any contract concerning said railway. They shall be responsible only for their own acts. Sec. 6. Whenever the township trustees', or any one of them of any township under whose action a board of trustees has been appointed, as herein provided, shall have reason to believe that any one of the latter has failed in the faithful performance of his trust, it shall be the duty of such town- ship trustees to apply to the court that appointed said board of trustees, by petition, praying that one be removed and another be appointed in his place, and if the said township trustees shall fail to make application after request of any of the holders of the bonds issued by said board of trustees, or by a tax-payer of such township, such bondholder or tax- payer may file a petition in his own name, on the behalf of the holders of such bonds, for like relief, in any court having jurisdiction; and if the court hearing the action shall adjudge in favor of the plaintifi, such court shall remove such trustee and appoint another in his stead; and when a va- cancy shall occur in said board from any other cause, it shall be filled upon like petition and in like manner. * Sec. 7. Whenever, in the construction of a line of rail- way, as herein provided, it shall be necessary to appropriate land for the foundation of the abutments or pier of any bridge across any stream, or for any other purpose, or to ap- propriate any rights or franchises, proceedings shall be com- menced and conducted in accordance with the laws in force at the time for the appropriation of such private property for the use of corporations, except that tde oath and verdict of the jury and judgment of the court shall be varied as to suit the case. Sec 8. Whenever there shall be, between the termini designated in any resolution passed under this act, a rail- road already partially constructed, or rights of way acquired therefor, which can be adopted as parts of the line provided for in said resolution, the trustees of said line may purchase or lease the said railroad, or right of way, and pay for the same out of the trust fund. \ 234 Sbc. 9. Whepever, in the uoastruction of a line of rail- way, as herein provided, the said board of trustees shall find it necessary to use or occupy any street, alley, or other pub- lic way, space, or ground, or any part thereof of any incor- porated village in saidf town'^hip, proceedings shall oe com- menced and condu( ted in accordance with the laws in force at the time for the appropriation of such rights or easements by street railway corporations, except that the oath and ver- dict of the jur^ and the judgment of the court shall be so varied as to suit the case. Sec. 10. On the final completion of any line of railway, constructed under the provisions of this act, the board of trustees shall have power to lease the same to any person, or persons, or company, as will conform to the terms and con- ditions which shall be fixed and {Provided by the trustees of the township by which the line of railway is owned. Sbc. 11. That the trustees of any township described in this act may, after trustees have been appointed, as provided in this act, advance to said trustees, out of any funds of said township, such sum as is necessary, not exceeding five hun- dred dollars, for carrying the object for which they were ap- pointed into effect, and said sum shall be repaid out of the trust fund provided for in this act when raised. Sec. 12. Deeds and contracts may be made, and proceed- ings for appropriations and actions may be commenced, either in tne name of such township providing the line of railway, or in the name of the trustees of railway (filling the blank with the name given to the railway in the resolution), and said proceedings may be commenced and conducted, either in the court of common pleas or probate court, as in cases of appropriation for the use of municipal corporations. Sec. 13. This act shall take effect ^and be in force from and after its passage. THOS. A. COWGILL, Speaker of Hou^e of Representatives. R. G. RICHARDS, President pro tern, of Senate. Passed April 15, 1880. [Senate 3iU No. 223 J AN ACT To aathorize certain townships to bnild railroads, and to lease or operate the same. [JEFFERSON TOWNSHIP, BROWN COUNTY.] Section 1. Beit enacted by ths OenercU Assembly of the State of OhiOj That whenever in any township which by the federal census of 1870 had, and which by any subsequent 236 federal census may )iave, a population of twelve hundred and sixty-seven the township trustees thereof shall, on the petition of not less than twenty- five resident tax- payers of such township, pass a resolution declaring it to be essential to the interest of such township that a line of railway shall be constructed on the line to be designated in said petition, and said railway shall be named in said resolution, and the termini thereof shall be designated therein, and not to exceed seven miles in length, it shall be lawful for a board of trustees appointed as herein provided, and they are hereby authorized to borrow as a fund for that purpose, not to exceed the sum of twenty thousand dollars, and to issue bonds therefor, in the name of said township, bearing interest at a rate not exceeding six per centum, payable semiannually. Said bonds to be payable at such times and places, and in such sums as shall be deemed best by said board. Said bonds shall be signed and sealed by the president of said board, and attested by the clerk of such township, who shall keep a register of the same, and they shall be secured by a pledge of the faith of such township, and a tax which it shall DC the duty of the trustees thereof, annually, to levy (which tax shall not exceed three mills on the dollar in any one year), to pay the interest and provide a sinking fund for the final rede&ption of said bonds : and provided, that no money shall be borrowed or bonds issued until after the question of providing the line of railway specified in said resolution shall be submitted to a vote of the qualified electors of such township, at a S|>ecial election to be ordered by the township trustees thereof, of which not less than twenty days' notice shall be given by posting up notices at not less than five of the most public places in such township, and by publishing for three successive weeks such notice in a newspaper printed in the county wherein such township is located/, and of general circulation in such township : further provided, a majority of said electors voting at such election shall decide in favor of such line of railway. The returns of said election shall be made to the clerk of said township, and by him laid before the township trustees, who shall declare the result by resolution. The bonds issued#under the authority of this section shall not be sold or disposed of for less than their par value. Sec. 2. If a majority of the votes Cast at said election shall be in favor of the construction of the line of railway, as specified in the first section, it shall be the di\ty of the township trustees to nominate five trustees, who shall be electors and freeholders of said* township, to be called the trustees of railway (the blank to be filled with the name of the railroad, as given in the aforesaid resolution), and the same nominations shall be forthwith presented to the judge of the court of common pleas, presiding in said county, for his approval or rejection, and in case of his reject- ing any of the persons named, then other nominations shall 236 be made in like manner until said board is filled, and when said board shall be full the said judge shall make an order indorsing such appointment on the minutes of the court of which he is judge ; he shall also designate the amount of bond to be given by the trustees, each bond to be several and conditioned for the faithful performance of his duties as such .trustee; said bond sball be signed by not less than three sureties and be approved by the clerk of said court, and shall be signed in duplicates, one copy to filed with the clerk of said court and the other with the treasurer of said township ; said trustees shall, before entering upon the discbarge of their duties, each take an oath of office that they will faithfully and honestly discharge the duties of their office. Sec. 3. The said board of trustees and their successors shall be the trustees of said fund, and shall have the control and disbursement of the same. They shall expend said fund in procuring the right to construct, and in constructing a railroad, with all the proper appendages, and, if deemed necessary, a line of telegraph between the termini speci- fied in said resolution; and for the purposes aforesaid, shall have the power and capacity to make contracts, ap- point, employ, and pay officers and agents, and to^ acquire, nold, and possess all the necessary real and personal prop- erty and franchises. They shall also have power to receive donations of land, money, bonds, and other personal prop- erty, and to dispose of the same in aid of said fund. The said trustees shall have the right to bring, maintain, and defend all actions, and to sue and be sued, plead an(J be im- pleaded touching the said trust and trust property, m their own names, as such trustees, in any of the courts of this state or elsewhere ; they shall elect a treasurer, whose duty it shall be to draw from the treasurer of the county all of said trust funds, upon the order (5f the said trustees; and the said "treasurer shall give bond in such sum as said trustees shall designate, which bond shall be signed by at least three sureties, and shall be approved by at least four-fifths of said trustees. Sec. 4. The said trustees Ski&ll form a board, and choose one of their number president, who shall also be the acting trustee, with such power as the board may, by reso- lution, from time to' time, confer upon him. A majority of said trustees shall constitute a quorum, and shall hold regular meetings for the transaction of business, at their regular office in the township under whose action they are appointed, but they may adjourn, from time to time, to meet at any place they may think proper. They shall keep a record of their proceedings, and cause to be kept a full apd accurate account of their disbursements, and make - report of the same to the township clerk, whenever requested so to do by a resolution of the township trustees. No money shall be drawn from said fund but upon the order of said board, 237 except their own compen8a4;ion, which shall be paid out of the same upon the recommendation of the township trustees, by resolution, duly adopted and allowed by the court appoint- ing them. Sec. 5. Said trustees shall have power to take such secu- rity from any officer, agent, or contractor chosen, or appoint- ed, or employed by them as they shall deem advisable. They shall not become surety for any such officer, agent, or contractor, or be interested, directly or indirectly, in any contract concerning said railway. They shall be responsible enly for their own acts. Sec. 6. Whenever the township trustees, or any one of them, of any townsbip under whose action a board of trustees has been appointed, as herein provided, shall have reason to believe that any one or more of said trustees has failed in the faithful performance of his trust, it shall be the duty of such township trustees to apply to the then judge of the court of common pleas, by petition, alleging such miscon- duct and praying that he or they be removed and that such vacancy be ordered to be filled in the naanner heretofore provided lor; and if the said township trustees shall fail, upon the written request of not less than five resident tax- payers, or upon^he request of any of the householdera of said township, then in that case such tax-payers or bond- holders may file such petition, for like relief, in the court of common plea^ of said county ; and if the court, upon hearing said petition, shall adjudge in favor of such plaintiff, it shall remove such trustee or trustees ; and any vacancy, from this or any cause, resignation, death, or removal, shall be filled in the manner heretofore provided for. Sec. 7. Whenever in the construction of a line of rail- way, as herein provided, it shall be necessary to appropriate land for the foundation of the abutments or pier of any bridge across any stream, or for any other purpose, or to ap- propriate any rights or francMses, proceedings shall be com- menced and conducted in ac'rdance with the laws in force at the time for the appropriation of such private property for the use of corporations, except that the oath and verdict of the jury and judgment of the court shall be so varied as to suit ihe case. Sec. 8. Whenever there shall be, between the termini designated in any resolution passed under this act) a railroad already partially constructed, or rights of way acquired there- for, which can be adopted as parts of the line provided for in said resolution, the trustees of said line may purchase or lease the said railroad or right of way, and pay for the same out of the trust fund. Sec. 9. Whenever, in the construction of a line of rail- way, as herein provided, the said board of trustees shall find it necessary to use or occupy any street, alley, or other pub- lic way, space, or ground, or any part thereof of any incor- porated village in said township, proceedings shall be com- 238 menced and conducted in accordance with the laws in force at the time for the appropriation of such rights or easements by street railway corporations, except that the oath and verdict of the jury and the judgment of the court shall be so varied ag to suit the case. Skc. 10. On the final completion of any line of railway, constructed under the provisions of this act, the board of trustees shall have power to lease the same to any person or persons, or company, as will conform to the terms and conditions which shall be fixed and provided by ihe trustees of the township by which the line of railway is owned. * Sec. 11. Deeds and contracts may be made, and proceed- ings for appropriations and actions may be commenoM, either in the name of such township providing the line of railway, or in the name of the trustees of — railway (tilling the blank with the name given to the railway in the resolution), and said proceedings may be commenced and conducted, either in the court of common pleas or probate court, as in cases of appropriation for the use of municipal corporations. Sbo. 12. This act shall take effect and be in force from and after its passage. TH08. A. COWGILL, Speaker of the House of RepresentcUives. R G. RICHARDS, President pro (em. of the Senate* Passed April 15, 1880. Iq certain oennties stenogiaphic reporters shall be appointed. Th^oaih. [Senate Bill No. 331.] AN ACT To amend sections 475 and 401 of the revised statutes of Ohio. Section 1. Be it enacted l^ the Oeneral Assembly of the State of Ohio, That sections 475 and 481 of the revised statutes of Ohio, be so amended as to read as follows : Section. 475. The judges of the courts of common pleas in all counties in this state containing cities of thirty thousand inhabitants, or over, by the last federal census, shall appoint two stenographic reporters, skilled in their profession, to be official stenographers of such courts, and in all other counties, when, in the opinion of the court, the busi- ness requires one, who shall bold their office for the term of three years from the date of their appointment, and until their successors are appointed and qualified, unless they, or either of them be removed by the judges for neglect of outy, misconduct, or incompetency, and where there now is, or hereafter may be, a superior court in such county, the judges of such courts, and ot the court ol common pleas in such county, shall jointly make the appointments herein provided for. Such official stenographers shall take an oath that they will 239 fiaithfully discharge the duties of their ofBce, but in counties not haying cities of thirty thousand inhabitants, of more, the per diem of such stenographers shall not exceed seven dollars, no part of which shall be paid out of the county treasury, except in criminal cases, but shall be taxed as other costs. And whenever in any county, the services of one or more additional stenographers are necessary, thb judges of - ./ the courts shall appoint assistant stenograpners, who shall appfSt'aa-^ also be skilled in their profession, take a like oath, serve for BistantBteno- such time as their services may be required by the court, and graphen. be paid at the same rate and in the same manner as the other official stenographers: provided, that the assistant stenographers aball not be required to keep offices in the court- house, but shall file their reports in the office of the official stenographer, or in thn office of the clerk of the court, as directed by the court. Seotion 481. Stenographers appointed under the provis- To have ions of this chapter shall baye their office in. the court house their office of the county where they are appointed, and may be ap- ^ oourt- pointed referees to take and report proof in causes pending ^^^"^ in the courts, and have power to swear witnesses, and take and certify depositions in any of the courts in this state. S£o. 2. That original sections 475 and 481 be and the same are hereby repealed) and this act shall take effect from and after its passage. THOS. A. COWGILL, Speaker #/ the House of Representatives. R. G. RICHARDS. President pro tern, of the Sinaie, Passed April 15, 1880. [House BiU No. 463.] AN ACT To atnend section 4842 of the revised statutes of Ohio. Section 1. Be it eviacted by the Oenerai Assembly of the Stale of OhiOf That section 4842 of the revised st itutes of Ohio be amended to read as follows : Section 4842. The commissioners, when' any such im- Commission- provement is ordered, shall immediately appoint three dis- ers to appor- interested freeholders of the county, who shall, upon actual **®?J?**' view of the premises, apportion the ^ estimated expense 5^*8^ ©nm- thereof upon the real property embraced 'in the order, accord- proTins free ing to the benefit to be derived therefrom, and report the turnpikes, same to the county auditor; and in making such apportion- ment, they shall take into consideration all previous special assessments, or special taxes made upon such real property, for the improvement of any road, ana any benefit which will accrue to any land by reason of drainage resulting from the 240 making of the improvement; and if any of the lands to be assessed are subject to a life estate, the assessment made thereon shall be apportioned between the owner of the life estate and the owner of the fee, in proportion to the relative value of their respective estates, such proportion to be ascer- tained upon the principles applicable to life annuities. ISec. 2. That section 4842 of the revised statutes be and the same is hereby repealed. Sec. 3. This act snaU be in force from and after its pas- sage. THOS. A. COWGILL, Speaker of the Mouse of Sepresentaiivea, R. G. RICHAKDS, PresiderU pro tern* of the Senate, Passed April 15, 1880. [Senate BiU No. 70.] AN ACT To amend section eleven handled and tift>-flve (1155) of the revised statutes of IbeU, relating to county recorders keeping up general in- dexes, and providing the samt to be paid Ironi the county treasury. Section 1. Beit enacttd by the Oeneral Assembly of the State of Ohio, That section eleven hundred and fifty-five (1166) of the revised statutes of 1880 be so amended as to read as follows : ^ t ' - Section 1156. When general indexes, such as are de- oOTder^to* scribed in the next preceding section, or any other indexes keep up gen- authorized by the county commissioners, are brought up and eru indexes, completed, the recorder shall keep up the same ; and he shall receive lor indexing any lot or parcel of land, ten center to be paid out of the county treasury. Sec^ 2. That section eleven hundred and fifty-five of tbe revised statutes of 1880, aforesaid, be and and the same is hereby repealed. Sec. 8. This act shall take effect and be in force from and after its passage. THOS. A. COWGILI^, Speaker of the House of Representatives^ • R. G. RICHAKDS, President pro tern, of the Senate. Passed April 16, 1880. [Senate Bill 172. AN ACT Supplementary to chapter 3, title 3, part 1, of the revised statntes. Section 1. Be it enacted by the Oenerai Assembly of the SfaU of OldOf That the following section be enacted as supplement- 241 ary to chapter 3, title 3, part 1, of the revised statutes, with sectional numberiDg as follows : I Section 181a. That all money paid into the state treas- Anditorof ury, the disposition of which is not otherwise provided for tute to oor- by law, shall be credited by the auditor of state to the gen- i«ot illegal eral revenue fund : and when it is discovered that a war- y»"*nto rant for the payment of money from the state treasury has been illegally or improperly issued by the auditor of state, or that the amount of a warrant issued by him for the pay- ment of money from the st^te treasury exceeds the sum which should have been named therein, and payment of such warrant or excess has been made by the treasurer of state, the auditor shall cause the amount of such warrant or ex- cess to be collected and returned to the state treasury with- out delay; and, unless the account of the appropriation from which the same wa^ paid has been closed, in accordance with section one hundred and seventy-six of said act, or in pursuance of the constitution, shall credit the same to such appropriation ; but if such account has been so closed, the auditor shall credit the amount so returned to the treasury to the general revenue fund. Sec. 2. This act shall take effect on its passage. THOS. A. COWGILL, Speaker of the Mouse of Kepresentativea, R. G. RICHARDS, Pteaident pro tern, of the SefuUe. Passed April 16, 1880. [Senate Bill No 204.] AN ACT To provide for the appropriition of private property for certain pablio parp(8e», aua to provide the lur^aus of pttying iberefor. Section 1. Be it en/icied by the General Aasembly of the State of Ohio^ That cities of the first grade of the first class, having a city infirmary without the corporate limits, are hereby authorized to enter upon, appropriate, and take private prop- erty, lying outside oi the corporate limits, adjacent to such inhrmary, for the purpose of constructing a sewer or drain from such infirmary to a stream of water known as Mill creek, to be used for conducting the sewerage thereof to said stream, and the proceedings for that purpose shall be con- ducted as provided in title 1 2, division 7, chapter 3, of the revised statutes, so far as applicable; and should it be deemed advisable by such cities to occupy the streets of any city or village for constructing such sewer or drain, they shall have the right to do so without compensation. S£C. 2. The council of such cities shall have authority, alter the verdict of the jury in such proceedings, to issue the 16 City infina* ary of Cin- oinnati aa- tborized to appropriate certaiu prop* erty to con- Btraot aew- ers.' 242 bonds of the pame, in amount not to exceed ten thousand ($10,000 00), bearing interest at not to exceed five per centum, redeemable in ten t>r fifteen year?, at the option of the city, which shall be Pold at not less than their pir value, if the same be deemed necessary, to p>iy for the riif bt (o con- struct and maintain a sewer and drain, toeelher with the cost of such c«mi-tructicm, as provided in section one hereof: pro- vided, this act be not construed to allow the increase of tax- ation of such cities. ' . Sec. 3. This act shall take effect and be in force from and after its passage. THOS. A COWGILL, Speaker of the Houae of Representativea, R G. RICHARDS, Pretddent pro tern, of the Senate. Passed April 16, 1880. [Amended Hoose Bill No. 382.] AN ACT Haking nppropriatloDn for the last three- qaarters of the fisoal year end- euding November 1.^, lr)80, and the first quarter of the fiscal year end- lug Ft^bruary 15, I Sol. ■ Section 1. He it enacted by thf, Genfrol Assemhfv of the State of Ohif), That there be and is hereby appropriatHd out of any money in the treasury to the credit of the geaeral revenue fund, and not otherwise appropriated, the iollowing sums, for the purpose herein named, to wit : • For State B'tard of Agriculture : For the encouragement of agriculture, three thousand dol- lars (83.a)0 00). Con ingent expenses of the oflioe of the board of agricul- ture, five hundred dollars ($5>00D). Carpet for tfiice. one hundred and thirty two dollars and fifty cents (S132..")0). fc^aid appropriations to be paid upon vouchers approved by the auditor and filed in his office. Horticulture : For the encouragement of horticulture, to be paid to the president of the state horticultural society on vouchers to be approved by the audit«)r of state and filed in his office, five hundrkd dollars (8500 00). For Adjutant'GeneraTd Office: Salary for clerk, fourteen hundred d »llars ($1,400 00\ Salary of two transcribing clerks of soldiers' record, two thousand four hundred dollars ($2,400.00) ; also, for two ad- 243 ditional transcribing clerks, if, in'^the opinion of the adju- tant general, the same can be profitably employed, two thou- sand dollars ($2,000 00). Salary of supnrintendf^nt of arsenal and ordinance clerk, nine hundred dollars (S9(X)00); and tor additional labor in kef" ping the record and accounts of the Ohio national (ruard, and the books and accounts of thn adjutant-genera's de- partment, three hundred dollars (S3C00). Continfi;ent expense's, including inspections, fourteen hun- dred dollars ($1,40000); and for tran-^portation of indigent soldiers to soldiers' home, one hundred and fifty dollars ($15000) Desk furniture, and letter case, two hundred and fifty dol- lars ($250.00). , For carpet bought in 1879 two hundred and eighty-five dollars and eighty-four cents ($285.84). State Hou^ and Grounds : ■ Compensation of superintendent of laborers, nine hundred dollars ($90000). Compensation of one entrineer, six months in the year, six hundred dollars ($60000) Compi^nsation for two firemen, six months in the year, nine hundred dollars ($900 00). Compensation of po iceman at capit^ seven hundred and twenty dollars ($72000). ^ Compensation <»t janitor of rotunda, seven hundred and twenty dollars ($720 < 0). Compensation of jmitor of flag roo n, six hundred and twenty dollars ($G20.(X)). Compensation of f «ur regular laborers, twenty -four hun- dred and nin. ty six dollars i $2,496 (X)). Extra l^bor, two thousand dollars ($2,000.00). Materials and repairs, includinj; one hundred and fifty dollars ($150 (X)) for putting in floor of packing room in secretary of state's department, one thousand doliiars. (tl.aOOO). Fuel lor state house, two thousand dollwrs ($2,(XX).(X).) Water rent, (me thousand dollars ($t,(XX).(X)). Repairs of heating app-iratus, 8ix humlred dollars ($60000). Putting up tile cants in the governor's oihce and office of the clerk of the supreme court, two hundred and fifty dollars, e-\ch ($^00.00;. For the Military : For expenses of companies, nine thousand five hundred dollars ($9 50000). \ For exp^n-es of batteries and cavalry, sixteen hundred dol- lars ($ 1 ,600.00). Traa8j)ortatir)n and subsistence, twenty-two thousand dol- lars ($22,000.00).' 244 Pay of Ohio national guards, in camp, thirty-five thousand two hundred dollars ($35,200 00). Expenses of courts-martial, one hundred and fifty dollars ($150.00.) Repairs of arsenal, one hundred dollars ($100.00). Care of military stores and freight 6n arms, eight hundred dollars ($80000). Uniforms of Ohio national guards, thirty -six hundred dol- lars ($3,600.00.) Loaders, two hundred and fifty dollars ($250.00). for AvdiUyr of State: For salary of chief clerk, two thousand dollars ($2 000.00). Salary of bookkeeper, fifteen hundred dollars ($1,50000). Salary of land clerk, fifteen hundred dollars ($1,500.00). Salary of railroad, bank, and miscellaneous clerk, fifteen hundred dollars ($1,50000). Salary of statistical clerk, twelve hundred dollars ($1,200.00). Salary trust fund, and miscellaneous clerks, twelve hun- dred and seventy-five dollars. ($ \ ,275 00.) Salary of extra clerks on account of decennial board of equalization, twelve hundred dollars ($1,200.00). Contingent expenses, two thousand one hundred dollars ($2,100.00). ^ For Attorney -General : For salary of clerll, olie thousand dollars C$1,000.00). For attorney's fees, five hundred dollars ($500.00). Contingent expenses, three hundred and fifty dollars. ($350 00). For Commissioner of State Common Scfwols : For salary of chief clerk, seventeen hundred and fifty dol- lars (81,750.00). Assistant clerk, twelve hundred dollars ($1,200 00) Traveling expenses, bix hundred dollars ($600 00.) Contingent expenses^ for office, i^ye hundred dollars. ($500 00). Boxing and shipping reports andlaws,one hundred dollars ($100.00). For Commissioners of Fisheries: For expenses of commissioners, five thousand dollars. ($5,000.00). For Comviibifioiur of Railroads and lelegraphs : For salary of clerk, twelve hundred dollars (Sl,20000). Contingent expenses, three hundred and fifty dollars ($35000). For carpet and repair of furniture, one hundred and fifty dollars ($150.00). Salary of executive clei k, fifteen hundred dollars ($1,500.00). 245 For Oi^vemor^s Office : Salary of private secretary, eight hundred dollars ($800.00). Contingent expenses, twenty one hundred dollars ($2,- 10000). Furniture, one hundred dollars (910000). Fbr IrmLranee Department: Salary of chief clerk, fifteen hund* ed dollars ($1,500 00), Salary of book-keeper, twelve hundred dollar? ($ ,200.00). Salary of corresponding clerk, eight hundred dollars ($80000). Salary of actuary, tVo hundred and fifty dollars ($250.00). Salary of temporary clerk hire, twentv-one hundred and fifty dollars ($2 160 00). (Contingent expenses, one thousand dollars ($l,(XX).0(^. For Judiciary: Salaries of the supreme, superior, and common pleas judges, one hundred and eighty-four thousand dollars. ($184,000.00). For Commissioner of Labor StalitHcs : Contingent expenses, three hundred dollars (9300 00). Traveling expenses, one hundred dollars (9100 00). For the Legislature: For salaries and mileage of members of the general assem- bly, per diem of clerks, sergeants at-arms, and employes, seventy-eight thousand three ' hundred and fifty dollars ($78,35000;. Contins:ent expenses of the two houses, five hundred dol- lars ($600 00. Contingent expenses of senate clerk, fifty dollars ($50.00). Contingent expenses of hous3 clerk, one hundred dollars ($100.00.) For State Library : For booksand magazines,fifteen hundred dollars ($1,500.00). Contingent expenses, and prepayment of postaj^e and ex- pressage on exchange, six hundred dollars ($600.00). For the purchase of supplementary catalogue of books in state library, prepared by Miss C. Harbaugh, up to January 1, 1880, four hundred dollars ($400 00). Qlass globes and fixtures, eighty dollars (980.00). For Supreme Court : For purchase of books for law library, eight hundred dol- lars ($800 00). Contingent expenses of supreme court, law library, clerk's office, and rei>orter, six hundred dollars ($600.00). \ 246 Carppt for consultation room, two hundred dollars ($200 00). Painting and repairing consultation room, one hundred and fiay dollars ($160 00;. Cleaning walls of courtroom,one hundred dollars (lOO.CX)). Contingent expenses r»f the clerk o\ supreme court, three hundred dollars ($300.00). Messenger and porter, four hundred dollars ($4(X).(X)). [i^aid appropriations to b^ expended under the direction of the chief justice; and the supervisor of public printing is hereby directf d to cause to be bound, in law binding/at the state hin^lery, such books and maeazines as may be designated by the chi^ f justice or the in w library, (and in addi- tion thert^to 8Uerintendent of packing room, eight hundred dollars ($ 00 00). Contingent expenses, fifteen hundred dollars ($l,5(X)00). Distribution of laws and public documents, nineteen hun- dred dollars ($1,90000). Stationery, twenty thousand dollars ($20,(XX).(X)). For Supervisor of Public Printing: State printing:, twenty thousand dollars ($2000000). State binding, twenty-five thousand dollars ($26 OOO.CX)). Contingent expenses, one hundred dollars ($100 (X)). For Salari' 8 of Sale Officers : Governor, four thousand dollars ($4 (KX).00). Lieutenant-governor, eight hundred dollars ($800 (X).) Adjutant general, two thousand dollars ($2,000 (X)). Assistant adjutant-general, fitteen hundred dollars ($1,500 00). 247 Secretary of state, two thousaud dollars ($2,000.00). Treasurer of state, three thousand dollarn ($8,00000). Auditor of ttate, three thousand dollars ($3 000.00). Attorney-general, fifteen hundred dollars ($1,500 00. Menjbers of board of public works, twenty four hundred dollars (82 40000). State librarian, fifteen hundred dollars ($1.50000). Af-siBtant librarian, one thousand dollars (SI OUOOO). Law librarian, fifteen hundred dollars ($1,60()00). Assistant librarian, one thousand dollars (S 1 ,000.(X)). Clerk of the supreme court, fifteen hundred dollars ($1,500.00). Deputy clerk of the supreme court, twelve hundred dollars ($1.20000). r i- CommiFsioner of railroads and telegraphs, two thousand dollars ($2 000 00). Superintendent of insurance, three thousand dollars ($3,000.00). Inspect* »r of mines, two thousand dollars ($2,003.00). Commissioner of statistics of labor, two thousand dollars ($2 000 00). Suf)ervit-or of public printing, thirteen hundred dollars ($l,800.y0). Commii-t^ioner of common schools, two thousand dollars ($2 000 00). Reporter of supreme court, one thousand dollars ($1,000 00.) For Treasurer of StaUe: Salary of cashier, two thousand dollars ($2,000.00). Salary of two book- keepers, twenty seven hundred dollars ($2,700.00). Contingent expenses, eight hundred dollars ($80000). Alarm te egraph or telephone, sixty d< liars (JfiOOO). Collecting drafts, tweuty-five hundrt^d dollars ($2.500 00).) Two night watchmen, sixteen hundred dollars' ($1,000 00). For Decennial Board of EqiuUizaiion : Compensation of members of Hhe board at a rate to be fixed by said board, not exceeding five dollars per day, while in actual attendance at the sessions of ihe board, nine thousand dollars ($»,000 00). Mileage of members of the board, to be computed at twelve cents per mile, by the nearest route to and from the capitol, nine hundred and twenty five dollars ($92o.00). Compensation of officers, pages, and employes, said com- pensation to be fixed by the board, twelve hundred dollars ($1,20000). Contingent expenses, four hundred dollars ($40000). The secretary ot state shall provide said board with all stationery necessary for the proper discharge of their duties. 248 For PregiderUial Election: For payment of expensoB of presidential election, seven hundred and fifty dollars ($750.00). For the Athens Asylum for the Insane: Current expenses, ninety-two thousand four hundred and eleven dollars ($92,411.00). Salaries of officers, fifty one hundred dollars ($5,100.00). Ordinary repairs, three thousand dollars ($3,000.00). Library, one hundred dollars ($ 00 00). Pictures for wards, two hundred dollars ($200 00). Painting outside wood work of asvlum building and walls of wards, three thousand dollars (S3 000.00). ^^;^. ..^ Gradinjs;, five hundred dollars ($500.00). » Expenses of trustees, two hundred and twenty-five dollars ($225 00). For hose, one thousand dollars ($1,000.00). For ice house and straw house, one thousand dollars ($1,00000). For the Cleveland Asylum for the Insane: Current . expenses, ninety-three thousand dollars ($93 000.00). Salaries of officers, forty-four hundred and ninety dollars ($4,490 00). Ordinary repairs, three thousand dollars ($3,000 00). For painting walls of wards, five hundred dollars ($500.00). Library, one hundred dollars ($10000). Pictures for wards, two hundred dollars ($20000). Grading on bank of creek, five hundred dollars ($50000). For kitchen and bake house, eight thousand dollars ($8,000 00). Expenses of trusteeF, two hundred and twenty-five dollars ($225.00). • For the Columbus Asylum for the Insane: Current expenses, one hundred and twenty-six thousand and three hundred dollars ($126,30000). Salaries of officers, fifty-six hundred and fifty-five dollars and two cents ($5,655 02). Grading and graveling roads, thirty-five hundred dollars ($3,500.00). For sewerage, eighteen hundred dollars ($1,800 (X)). Trees and shrubs, two hundred dollars ($2« 00). Enclosing cemetery, two hundred dollars ($20000). Surgical instruments, two hundred dollars ($20000). Ordinary repairs, three thousand five hundred dollars ($3,500 00). 249 . Expenees for trustees, two hundred and twenty-five dollars ($225.00). Furnishing new wards, eight hundred dollars ($80000). Grading in front of north wing, two thousand dollars ($2,000.00). Microscope, one hundred dollars ($100 00). Far Dayton Asylum far thfi Iviaane: Current expenses, eighty-peven thoupand four hundred and sixteen dollars and eighteen cents ($87 416.18). Salaries of oflBcers, forty-four hundred dollars ($4,400 00). Ordinary repairs, three* thousand dollars ($3,00000). Library, one hundred dollars ($100 00). Pictures for wards, two hundred dollars ($200.00). Fencing, seven hundred and fifty dollars ($750.00). Furniture, three hundred dollars ($300 00). Purchase or condemnation of two acres of land, on which is situated a spring of water, on the Stefian farm, and the right of way from the same to the asylum grounds, seven hundred and fifty dollars ($750 00). Expenses of trustcHS, two hundred and twenty-five dollars ($225.00). Far Longview Asylum: A sum to be ascertained by the auditor of state, which shall bear the same proportion to the appropriations for the other asylums of the state for the insane as the population of Hamilton county bears to the population of the state, as appears by the last federal census, and in addition thereto the sum of ten thousand dollars ($10,000 00). For care of colored insane, six thousand three hundred and eighty-two dollars and sixty-six cents ($6,382.66). Far the Lucas County Asylum for the Insane : For care and cure of the insane, as per contract with the state, twenty-two thousand eight hundred and twelve dollars and fifty cents ($22,812.50). Toledo House of Refuge and Correction : For the maintenance of an average number of one hundred and fifty boys, at two dollars and fifty cents per capita, per week, under contract with the state, nineteen thousand and five hundred dollars ($19,500 00). For Asylum for the Deaf and Dumb: Current expenses, fifty-two thousand dollars ($52,000.00). Salaries of officers and teachers, seventeen thousand two hundred and sixty-eight dollars and four cents ($17,268.04). Ordinary repairs, two thousand dollars ($2,000 00). 250 FlooriDg, and repairing floors, five hundred dollars ($5000). Paving courts and alley, one thousand dollars ($1,000.00). Painting outside wood-work of buildings, eight hundred dollars ($80000). Painting and repairing school-rooms, eight hundred dol- lars ($800 00). :^ Rf'pairing barn, one hundred and fifty dollars ($150.00). Expenses of trustees, three hundred and fifty dollars ($y>000). For printing, six hundred dollars ($600.00) to be expended under the direction of the superintendent of the institution. Salaries of teaching and maintaining of deaf and dumb children of Hamilton county, to be paid upon the order, and to be expended under the direction, of the board of education of the city of Cincinnati, two thousand dollars ($2,(XX).(X)). For Blind Asylum : Current expenses, thirty-six thousand dollars ($36,000.00). Salaries of officers and teachers, ten thousand two hundred and sixty-two dollars and forty cents ($10,262.40). Ordinary repairs, twenty-five hundred dollars ($2 5(X)(X)). School apparatus and musical instruments, twelve hun- dred dollars ($1,200 00). Furniture, four hundred dollars ($400.00). Expenses of trustees, three hundred and fifty dollars. ($350.00). For Imbecile Asylum : m Current expenses, seventy-four thousand dollars ($74,- 000 00). Salaries of officers and teachers, twelve thousand three hundred and thirty-eight dollars and forty-five cents ($12,* 338 45. Ordinary repairs, three thousand dollars ($3,(X)0.00). For repairing floors and painting outside wood-work, five hundred dollars ($500.00). Changing dining-rooms to living rooms, three thousand dollars ($3,000.00). Completion of water-tower, thirty-nine hundred dollars ($3,900 00). If, in the judgment of the trustees, the interests of the state will be subserved thereby, they may construct the water-tower without letting by contract. Building barns, four thousand dollars ($1,000.00 ) Heating and plumbing, one thousand dollars ($1,000.00). New wings, fifteen hundred dollars ($1,50000). Furniture, one thousand dollars ($1,000 00). Expenses of trustees, three hundred and fifty dollars ($350.00). / 251 For Ohio Soldiers and Sailors Orphans Home, Current expeDses, sixty eix tbousacd seven hundred and sixteen dollars and thirty-one cents rS66,716 31). Salaries of oflScers and teachers, twelve thousand three hun- dred and seventy-eight dollars and eighty five cents ($12,- 878 86 ) Ordinary repairs, one thousand five hundred dpllars ($1,600). Industrial pursuits, three thousand three hundred and twenty-eight dollars and forty-one cents ($3,828 41). Library, two hundred and fifty dollars ($260 (X)). Purchase of cows, three hundred dollars ($300.00). Ornamental trees, fifty dollars ($60.00). Fire hose, mains, and plugs, fifteen hundred dollars ($1 600.00). Washing machine, six hundred dollars ($600.00). Expenses of trustees, three hundred and fifty dollars ($360.00). tor Ohio Penitentiary. For current expenses, sixty-five thousand dollars (65,000.00). Salaries of officers, fifteen thousand sixty-nine dollars and twenty H9ix cents ($16,069.26). Salaries of guards, seventy-one thousand nine hundred and eleven dollars and two cents ($71,911.02). Manufacture of gas, nineteen thousand dollars ($19,(XX) (X)). Repairs, twelve thousand five hundred dollars ($12,6(X).00). Workshops, ten thousand dollars ($10000.00). Wash-house, one thousand dollars ($1,000.00). Library, six hundred dollars ($6(X)(X)). Rewaran to convicts, twelve thousand five hundred dol- lars ($12,600.00). Prosecution and transportation of convicts, under sections 769 and 7336 of the revised statutes, seventy thousand dol- lars ($70,000 00). Salaries of directors, twenty-five hundred dollars ($2,- 600.00). lor Girls Industrial Home : For current expenses, twenty-seven thousand six hundred and thirty-two hundred dollars and eighty-five cents ($27,- 632 85). Telephone, one thousand dollars ($1,(X)0.00). Salaries of .officers, matrons, teachers and housekeepers, seven thousand two hundred and seventy one dollars and seventy-five cents ($7,271.76.) Graveling Columbus and Delaware free'turnpike through state farm, one thousand dollars ($1,00000). Graveling roads and. walks and improving grounds, five hundred dollars ($600.00). Ordinary repairs, including repairinjr roofs, papering, and painting, two thousaLd dollars ($2,0(X).00). 252 « Books and periodicals, two hundred dollars ($200.00). Gas fixtures for new building, three hundred dollars ($300.00). Heating by steam administration and fire -proof family buildings, three thousand six hundred and forty-one dollars ($3,W1. 0). Two organs for school-rooms in new buldings, two hun- dred dollars ($200 00). Furniture for new building, five hundred dollars ($500.00). Sewerage and water-closets, one thousand dollars ($1,00000). Purchase of two farm-horses, two hundred and fifty dol- lars ($250.00). Purchase of carriage, two hundred and twenty-five dollars ($225 00). For construction of one new family building, and to pro- vide for steam heating of the same, fifteen thousand five hundred ($15,500.00). Expanses of trustees, three hundred and fifty dollars. ($350.00). For Reform Farm School : For current expenses, fifty-five thousand dollars($55,000.00). Salaries of officers and teachers, twenty one thousand eight hundred and thirty dollars and fifty cents ($21,83050). Putting down gas mains, two thousand eight hundred dollars ($2,80000). For ceiling store-house, two hundred dollars ($200.00). Roofing five family buildings and storehouse, nine hun- dred dollars ($900.00). Painting outside wood-work of buildings, five hundred dollars ($500 00). Water supply, six hundred dollars ($600.00). Extending water pipes to new building, one hundred and fifty dollars ($150.00). Ordinary repairs, two thousand dollars ($2,000.00). Purchase of one wagon, two work-horses and harness, three hundred and twenty- five dollars ($325.00). Purchase of light wagon and harness, one hundred dol- lars ($10000). Books for boys' library, one hundred" dollars ($100.00). Expenses for trustees, three hundred and fifty ooUarB ($350.00). For Ohio State University: Expenses of trustees, three hundred and fifty dollars ($350.00). For farm improvements and stock, fifteen hundred dollars ($1,50000). For supplies for mining department, five hundred dollars ($500.00). For wall and table cases in geological museum, one thou- sand dollars ($1,00000). 253 For Stale Board of Charities: Expenses, twenty-five hundred dollars (92,500.00)). No moneys appropriated in this section shall be used for the payment of debts or deficiencies created before the fifteenth day of February, 1880. • The appiopiation herein made for salaries lo state ofScers and clerks, and for contingencies in their several offices, is in lull for all such expenditures to the 15th of February, 1881. Sbc. 2. AKscellaneoue: For payment to Colonel L. R. Hoagland, late assistant adjutant general, balahce of salary, fifty-two dollars* and fifty cents ($52.50). For deficiency to executive clerk of the governor, fourteen dollars and eleven cents ($14.11). For portrait of Governor Bishop, for governor's room, five hundred and fifty dollars ($550.00). For attorney general's salary, from January 12 to February 15, 1880, one hundred and thirty-seven dollars and fifty cents ($137.50). For payment to night-watch of the treasury for extinguish- ing lights, tnree months to April 15, 1880, thirty dollars ($30 00). To J. J. Vogelgesang for mantle, grate, and putting up the same in room of the clerks of the house, eighty dollars ($8aoo). Attorney fees and expenses of J. W. Keifer, one hundred , and fifty dollars ($150.00). Theje is hereby reappropriaied the balance of the appro- priation ipade in 1877 to complete the removal of obstructions in what is known as '-the Providence slack-water," amount- ing to five hundred and twenty nine dollars and eighty-three cents ($529.83). Attorneys' leea of Little & Sherer,ooe hundred and seventy- six dollars and twenty nine cents (^$176.29). - For the payment ol Charles Townsend, attorney fees, one hundred and forty dollars ($140.00). For payment of balance ol salaries of the governor and private secretary of the governor up to February 15, 1860, four hundred and forty dollars ($440 00). To pay for materials furnished and labor performed, to J. H. Warner, under contract with adjutant-general Karr, three hundred dollars ($200 00). No part of this appropria- tion to be paid except upon full investigation by the adjutant- general and attorney-general, and the execution of a receipt m lull of ail claims on accouul of said contract. To pay bounties to veteran volunteers under provisions of act ot March 7, 1867 (64 v. 35), as amended May 16, 1868 (65 V. 210), and act of April 16, 16(57 (0-1 v. 1231), (see R. S., section 8168), fitteen hundred uollaio Q^i,iOO,00). 254 For expenses of commissionerB of Ohio river improvement, five hu ndred dollars (8500 00). |^.,,-.. For balance dae for publishinf? constitutional amendments, fifteen hundred doUors ($1,560.00). For. salary due Joseph Cox for services as judge of the court of common pleas, in the first judicial district, for the month ending March 9, 1877, two hundred and eight dollars and thirty-three cents ($208.33). for PuMie Works: Sbc. 3.. That there is hereby appropriated, from any money coming into the treasury, as receipts from the public works, the following sums, to-wit : For the maintenance, repairs, cx)mpensation of superin- tendents, and other employes of the public works, not other- wise herein provided for, the receipts from tolls, rents, fines, and other income, heretofore and since the 15th day of November, 1879, received, or hereafter arising from the use of the public works, not otherwise appropriated. Salarif^s of resident engineers, three thousand six hundred dollars ($3,600.00). r , Salary of secretary of board, eight hundred dollars ($800 00). Contingent expenses of office, two hundred dollars ($200 00). Attorneys' fees, two hundre 1 and fifty dollars ($'?5000). Silary of chief engineer, two thoupand dollars ($1^00000). Amount awarded Frederick LeboJd, by commissioners, two hundred and thirty-six dollars and ninety-one cents ($286 91). For d.imapjes to John Daret for boat and cargo, three hun- dred and thirty four dollars and forty-eight cents ($3:U48). Sec. 4. That there is hereby appropriated to the Western Reserve and Maumee road whatever money may be collected and paid into the treasury to the credit of said road between the fifteenth day of Februarv, 18^0, and the fifteenth day of February, 1>*81. Sec. 5. ^his act shall take effect on its passage. JOHN. A. WILLIAMSON, Speaker pro tern, of JLhe House of Rejrresentatives. R. G. RICHARDS, President pro tern, of the Senate. Passed April 15, 1880. [SeDftte Bill No. 53.] AN ACT To amend seotion 2667 of the reTi8<>d atstntes of Ohio in relation to 'wJiarves aud docks. Sbction 1. Be it enacted by the Qenfrcd Aseemhly of the Stale of OhiOj That section two thousand six hundred and sixty- 255 seven (2667) of the revised statutes be amended so as to, read as follows : ' ^1^'T* Section 2667*. That the council shall have the use and control, for the above purpose, of the shore or bank of any lake or river, and all navigable waters, not the property of individuals, to the extent and in any manner that thn state can grant such use or control, and the power to appoint harbor masters, wharf m^tsters, port wardens, and other oflSoers, usual or proper, for regulation of the navigation trade or commerce of the corporation, to define their duties and powers, and to fix their compensation. ; Sec. 2. That said orginal section 2667 be and the same is hereby repealed, and that this ^ct shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RepresenUUives, R. G. RICHARD?^ PreMent pro tern, of the Senate, Passed April 15, 1880. City ooonoU to hare oon- trol of shore. A|>polni- ment of hwt- bor maiitaniy eto. LSeoftteBillNo. 197.] AN ACT To aathorize certain townhips to bnild railroads, and to lease or operate same. [union township, van WERT COUNTY.] Section 1. Be it enacted by the General As^emhfy of the State cf Ohio, That whenever in any t »wnship whinh by the fed- eral census of 1870 had, and which by anv euba quent fed- eral census may have, a population of five hundred and twenty-four, the township trustees thereof shall, on the pe- tition of not less than twenty-five resident taxpayers of such tpwnt-hip, pass a resolution declaring it to be essential to the interests of such township that a line of railway shall be constructed on the line to be designated in said pe- tition, and said railway shall be named in said resolution, and ihe termini thereof shall be de^^ignated therein, and not to exceed seven miles in length, it shall be lawful for a board of trustees appointed as herein provided, and they are here- by authorized to borrow as a fund for that purpose, not to exceed the sum of ten thousand dollars, and to issue bond^i therefor, in the name of said township, bearing interest at a rate not exceeding six per centum, payable semi annually. Said bonds to be payable at such times and places, and in such sums as shall be deemed best by said board. Said bonds shall be signed and sealed by the president of said board, and attested by the clerk of such township, who shall keep a register of the same, and they shall be secured by he pledge of the faith of such township and a tax which it / 256 shall be the daty of the trustees thereof, annually, to levy (which tax shall not exceed three mUIs on the dollar in any one year), to pay the interest and -provide a sinking fund for the final redemption of said bonds : and provided, that no money shall be borrowed or bonds issued until after the question of providing the line of railway specified in said resolution shall be submitted to a vote of the qualified elec- tors of such township, at a special election to be ordered by the township trustees thereof, of which not less than twenty days' notice shall be given by posting up notices at not less than five of the most public places in such township, and by publishing for three successive weeks such notices in a news- paper printed in the county wherein such township is lo- cated, and of general circulation in such township : further provided, two-thirds of said electors voting at such election shall decide in favor of such line of railway. The returns of said election shall be made to the clerk of said township, and by him laid before the township trustees, who shall de- clare the result by resolution. The bonds issued under the authority of this section shall not be sold or disposed of for less than their par value. Sec. 2. If a majority of the votes cast at said election shall be in favor of the construction of the line of railway, as specified in the first section, it shall be the duty of the township trustees to nominate five trustees, who shall be electors and freeholders of said township, to be called the trustees of railway (the blank to be filled with the name of the railroad, as given in the aforesaid resolu- tion), and the same nominations shall be forthwith pre- sented to the judge of the court of common pleas, presiding in said county, for his approval or rejection, and in case of his rejecting aay of the persons named, then other nomina- tions shall be made in like manner until said board is filled, and when said board shall be full the said judge shall make an order indorsing such appointment on the minutes of the court of which he as juage ; he shall also designate the amount of bond to be given by the trustees, each bond to be several and conditioned for the faithful performance of his duties as such trustee ; said bond shall be signed by not less than three sureties and be approved by the clerk of said court, and shall be signed in duplicates, one copy to be filed with the clerk of said court and the other with the treasurer of said township; said trustees shall, before entering upon the discharge of their duties, each take an oath of office that they will faithfully and honestly discharge the duties of their office. Sh.c. 3. The said board of trustees and their successors shall be the trustees of said fund, and shall have the control and disbursement of the same. They shall expend said fund in procuring the right to construct, and in constructing a railway, with all he proper appendages; and if deemed necefcsary, a line of telegraph, between the termini specified 257 in said resolution ; and for the purpose aforesaid, shall bave the power and capacity to make contracts, appoint, employ, and pay officers and agents, and to acquire, hold, and possess all the necessary real and personal property and franchises ; they shall also have power to receive donations of land, money, bonds ^x^^ other personal property, and to dispose of the same in aid of said fund. The said trustees shall have the right to bring, maintain, and defend all actioiito, and to sue and be sued, plead and be impleaded, touching the said trust and trust property, in their own names, as such trustees, in any of the courts of this state or elsewhere ; they shall elect a treasurer, whose duty it shall be to draw from the treasurer of the county all of paid trust funds, upon the order of the said trustees ; and the said treasurer shall give bond in such sum as said trustees shall designate, which bond shall be signed by at least three sureties, and shall be approved by at least four fifths of said trustees. Sec. 4. The said trustees shall form a board, and choose one of their number president, who shall also be the acting trustee, with such power as tne board may, by resolution, from time to time, confer upon him. A majority of said trustees shall constitute a quorum, and shall hold regular meetings for the transaction of business, at their regular office in the township under wbose action they are ap- pointed, but they may adjourn, from time to time,'^to meet at any place they may think proper. They shall keep a rec- ord of tneir proceedings, and cause to be kept a full and ac- curate account of their disbursements, and make a report of the same to the township clerk, whenever requested eo to do by a resolution of the township trustees. No money shall be drawn from said fund but upon the order of said board, except their own compensation, which shall be paid out of the same upon the recommendation of the township trustees, by resolution, duly adopted and allowed by the court appointing them. Sec. 6. Said trustees shall have power to take such se- curity from any officer, agent, or contractor chosen, or ap- pointed, or employed by them as they shall deem advisable. They shall not become surety for any such officer, agent, or contractor, or be interested, directly or indirectly, in any contract concerning said railway. They shall be responsibfe only for their own acts. 8bc. 6. Whenever the township trustees, or any one of them, of any township under whose action a board of trus- tees has been appointed, as herein provided, shall have rea- son to believe that any one or more of said trustees has failed in the faithful performance of his trust, it shall be the duty of such township trustees to apply to the then judge of the court of common pleas, by petition, alleging such misconduct and praying that he or they be removed, and that such vacancy be ordered to be filled in the manner Heretofore provided u>r ; and if the said township trustees 17 258 » ^hall fail, upon the written request of not less than five resident tax-payers, or upon th^e request of any of the house- holders of said township, then in that case such tax -payers or bondholders may file such petition, for like relief, in the court of common pleas of ^aid county ; and if the court, upon hearing said petition, shall adjudge in favor of such plaintiff, it shall remove such trustee or trustees ; and any vacancy, Yrom this or any cause, resignation, death, or removal, shall be filled in the manner heretofore provided for. Sbc. 7. Whenever, in the construction of a line of rail- way, as herein provided, it shall be necessary to appropriate land for the foundation of the abutments or pier of any bridge across any stream, or for any other purpose, or to ap- propriate any rights or franchises, proceedings shall be commenced and conducted in accordance with the laws in force at the time for the appropriation of such private prop- erty for the use of corporations, except that the oath and verdict of the jury and judgment of the court shall be so varied as to suit the case. Sec. 8. Whenever there shall be, between the termini designated in any resolution passed under this act, a railroad already partially constructed, or right of way acquired therefor, which can be adopted as parts of the line provided for in said resolution, the trustees of said line may purchase or lease the said railroad, or right of way, and pay for the same out of the trust fund. Sbc. 9. Whenever, in the construction of a line of rail- way, as herein provided, the said board of trustees shall find it necessary to use or occupy any street, alley, or other pub- lic way, space, or ground, or any part thereof of any incor- porated village in said township, proceedings shall be com- menced and conducted in accordance with the laws in force at the time for the appropriation of such rights or ease- ments by street railway corporations, except that the oath and verdict of the jury and the Judgment of the court shall be so varied as to suit the case. Sec 10 On the final completion of any line of railway, constructed under the provisions of this act, ihe board of trustees shall have power to lease the same to any person or persons, or company, as will conform to the terms and con- ditions which shall be fixed and provided foy the trustees of the township by which the line of railway is owned. Sbc 11. Deeds and contracts may be made, and proceed- ings for appropriations and actions may be commenoed, either in the name of such township providing the line of railway, or in the name of the tirustees of r — — railway (filling the blank with the name given to the railway in the resolution), and said proceedings may be commence4 and conducted, either in tne court of connnon pleas or probate court, as in cases of appropriatione for the use of municipal corporations. 259 Sbc. 12. ThiB act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker ef the House of ReprmentatioeR. R. G RICHARDS, President pre tem, af tke Senate^ Passed April 1&, 18S0. TBenate Bill No. ^0 ] AN ACT To aaMod section b30O of the re^sod iit«tntc« of OMo. Section 1. BeU -enacted by the General Assembly of the State 9f Ohioy That section 8380 of the revised statutes of Ohio be so amended as to read as follows : Section 8380. That whenever, in any incorporated village, Amending which, by the federal censu • of 1870 has a population of not *«^ •athoria- me drawn f^om said fund but upon the order of said board, ex- cept their own compensation, which shall be paid out of the 43ame upon the recommendation of the township trustees, by resolution, duly adopted and allowed by the court appoint- ing them. Sbc. 5. Said trustees shall have power to take such secur- ity from any officer, agent, or contractor chosen, or appointed, or employed by tjhem, as they shall deem advisable. They ehall not become surety for any such officer, agent, or con- tractor, or be interested, directly or indirectly, in any con- tract concerning said railway. They shall be responsible only for their own acts. Sec, 6. Whenever the township trustees, or any one of them, of any township under whose action a board of trus- tees hab' been appointed, as herein provided, shall have reason to believe that any one of the latter has failed in the faithful performance of his trust, it shall be the duty of such township trustees to apply to the court that appointed said board of trustees, bv petition, praying that one may be re- moved and another De appointed in his place; and if the said township trustees shall fail to make application after the re- •quest of any of the holders of any of the bonds issued by said board of trustees, or by a tax-payer of such township, such bondholder or tax-payer may me a petition in his own tiame, on the behalf of the holders of such bonds, for like relief, in any court having jurisdiction ; and if the court hearing the action shall adjudge in favor of the plaintiff «uch court shall remove such trustee and appoint another in his steady and when a vacancy shall occur in said board . from any other cause, it shall be filled upon like petition and in like manner. Sec. 7. Whenever, in the construction of a line of rail- way, as herein provided, it shall be necessary to appropriate land for the foundation of the abutments or pier ot any bridge across any stream, or for any other purpose, or to ap- propriate any rights or franchises, proceedings sh^ll be com- ^menced and conducted in accordance with the laws in force at the time for the appropriation of such private property for the \ise of corporations, except that the oath and verdict of th« ury and judgment of the court shall be so varied as to suit ^hecase. 271 Sec. 8. Whenever there shall- be, between the termini designated in any resolution passed under this act, a railroad already partially coDstructed, or rights of way acquired there- for, which can be adopted as parts of the line provided for in said resolution, the trustees of said line may purchase or lease the .said railroad, or right of way, and pay for the same out of the trust fund. Sec. 9. Whenever, in the construction of a line of rail- way, as herein provided, the said board of trustees shall find it necessary to use or occupy any street, alley, or other pub- lic way, space, or ground, or any part thereof of any incor- porated village in said township, proceeding^ shall be com* menced and conducted in accordance with the laws in force at the time for the appropriation of such rights or ease- ments by street railway corporations, except that the oath and verdict of the jury and the judgment of the court shall be so varied as to suit the case. Sec. 10. On the final completion of any line of railway, constructed under the provisions of this act{ the board of trustees shall have power to lease the same to any person or Sersons, or company, as will conform to the terms and con- itions, which shall be fixed and provided by the trustees of the township by which the line of railway is owned. Sec. 11. That the trustees of any township described in this act may, after trustees have been appointed, as provided in this act, advance to said trustees, out ot any funds of said township, such sum as is necessary, not exceeding five hun- dred dollars, for carrying the object for which they were ap- pointed into effect, and said sum shall be repaid out of the trust fund provided for in this act when raised. Sec. 12. Deeds and contracts may be made, and proceed- ings for appropriations and actions may be commenced, either in the name of such township providing the line of railway, or in the name of the trustees of rail- way (filling the blank with the name given to the railway in the resolution), and said proceedings may be commenced and conducted, either in the court of common pleas or pro- bate court, as in cases of appropriation for the use of mu- nicipal corporations. Sec. 13. This act shall take efiect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RepreeeTUoHveg. R. G. RICHARDS, B^eeident pro tem. of the Senette. Passed April 15, 1880. 272 [Seoftte Bill No. 942.] AN ACT To attthoriee oertain iooorporated Tillages to build railtoads, a&d to lease or operate the same. [port CLINTON.] Section L Beit enacted by the General AesenMy of the State of Qhu), That whenever in any incorporated village which by the federal census of 1870 had, and which by any subsequent federal census may have, a population of l^ve hundred and forty-three^ the village council thereof shall, by resolution passed by a majority of the members elected thereto, declare it to be essential to the interest of such village that a line of rail- way) to be named in said resolution, should be provided be- tween termini designated therein, one of which shall be such village, and the other not exceeding sixteen miles therefrom, it shall be lawful for a board of trustees appointed as herein {)rovided, and they are hereby authorized to borrow as a fund or that purpose, not to exceed the sum of forty thousand dollars, and to issue bonds therefor, in the name of such incorporated village, under the corporate seal thereof, bearing interest at a rate not to exceed six per centum, payable semi-annually* Said bonds to be payable at such times and places, and in such sums as shall be deemed best by said board. Said bonds shall be signed by the president of said board, and attested by the clerk of such incorporated villagCi who shall keep a register of the same, and they shall be secured by the pledge of the faiih of such village, and a tax which i^ shall be the duty of the council thereof, annually, to levy (which tax shall not exceed six mills on the dollar in any one year), to pay the interest and provide a sinking fund for the final redemption of said bonds: provided, that such village shall not in any one year levy taxes to a greater amount than twelve mills on the dollar, including the levy for said bonds: and provided, that no money shall be bor- rowed on bonds issued until after the question of providing the line of railway specified in said resolution shall be sub- mitted to a vote of the qualified electors of such incorporated village, at a special election to be ordered by the village council thereof, of which not less than ten days' notice shall be given in the newspapers published in such village, or in a newspaper of general circulation in such village: and further provided, that two thirds of said elecxors voting at such elec- tion shall decide in favor of such line of railway. The returns of said election shall be made to the clerk of said incorporated village, and be by him laid before the council, who shall declare the result by resolution. The bonds issued under the authority of this section shall not be. sold or dis- posed of for less than their par value. Sec 2. If two-third? of the votes cast at said election shall be in favor of providing the line of railway, as specified 273 in the first section, it shall be the duty of the corporation derk forthwith to file a petition in the conrt of common pleas in the county in which snch village is situated, pray- ing that the judge thereof will appoint five trustees, who shall be electors and freeholders of said village, to be called the trustees of railway (the blank to be filled with the name of the railway as given in the resolution), and it shall be the duty of said judge to make the appointment and enter the same on the minuies or journal of the courU They shall enter into bond to the village in such sum as the court may direct, with one or more sufficient sureties to be approved by the court, conditioned for the faithful perform- ance of their duties; the bond so taken shall be approved by the council of the village and deposited with the treasurer of the corporation for safe keeping, Sbc. 3. The said trustees and their successors shall be the trustees of said fund, and shall have the control and disbursement of the same. They shall expend said fund in procuring the right of way on which to construct, and in constructing a railway, with all the proper appendages; and, if deemed necessary, a line of telegraph, between the termini specified in said resolution; and for the purpose aforesaid, shall have the power and -capacity to make con- tracts, appoint, employ, and pay officers and agents, and to acquire, hold, and possess all the necessary real and personal property and franchises. They shall also have power to receive donations of land, money, bonds, and other personal property, and to dispose of the same in aid of said fijind. Sec. 4. The said trustees shall form a board, and shall choose one of their number president, who shall also be the acting trustee, with such powers as the board may, by reso- lution, from time to time, confer upon him. A majority of said trustees shall constitute a quorom, and shall hold regular meetings for the transaction of business, at their office in the village under whose action they are appointed, but they may adjourn, from to time, to meet at any place they may think proper. They shall keep a record of their proceed- ings, and cause to be kept a full and accurate account of their receipts and disbursements, and make a report of the same to the corporation clerk, annually, and whenever requested so to do by a resolution of the village council. No money shall be drawn from said fund but upon the order of said board, except their own compensation, whidi shall be paid out of the same upon the recommendation of the council of said village, by resolution, duly adopted and allowed by the court appointing iiieoi, i^nd shall be appointed [apportioned] according to their respective services. 8so. 5. Said trusteess shall have power to take such security from any officer, agent, or contractor chosen, or appointed, or employed by them as they shall deem advisable. They shall not become surety for any such officer, agent, or oontractor, or be interesircd, directly or indirectly, in any 18 274 ■ contract concerning said railway. They shall be responsible only for their own acts. Sec. 6. Whenever the corr)oration clerk of any village under whose action a board of trustees has been appointed, as herein provided, shall have reason, to believe that any one of said trustees -has failed in the faithful performance of his trust, it shall be his duty to apply to the court that appointed said trustees, by petition, praying that such trustee be removed and another appointed in his place; and if the corporation clerk shall fail to make application in either of the foregoing cases, after request ot any ot the holders of bonds issued by said trustees, or by a tax-payer of such village, such bondholder or tax-payer may file a petition in his own name, on behalf of the holders of such bonds, for like relief, in any cQurt having jurisdiction ; and if the court, upon hearing said action, shall adjudge in favor of such plaintiff, such court shall remove such trustee and appoint another in his stead, and whenever a vacancy shall occur in said board from any other cause, it shall be filled upon like petition and in like manner. Sec 7. Whenever, in the construction of a line of rail- way, as herein provided, it shall be necessary to appropriate land for the foundation of the abutments or pier of any bridge across any stream, or for any other purpose, or to appro- priate any rights or franchises, proceedings shall be com* menced in accordance with the laws iu force at the time for the appropriation of such private property for the use of corporations, except that the oath and verdict of the jury and judgment of the court shall be so varied as to suit the case. Sec. 8. Whenever there shall be, between the termini designated in any resolution passed under this act, a rail- road already partially constructed, or right of way acquired therefor, wbich can be adopted as parts of the line provided for in said resolutioo, the trustees of said line may purchase or lease the said railroad, or right of way, and pay for the same out of the trust fund. Sec. y. Whenever, in the construction of a line of rail- way, as herein provided, the said board of trustees shall find it necessary to use or occupy any street, alley, or other public way, space, or ground, or any part thereof belonging to such incorporated village in said township, proceedings shall be commenced and conducted in accordance with the laws in force at the time for the appropriation of such rights or ease- ments by street railway corporations, except that the oath and verdict of the jury and the judgment of the^court shall be so varied as to suit the case. Sec. 10. On the final completion, or at any time during its construction, of any line of railway, constructed under the provisions of this act, the board oi trustees shall have power to lease, sell, or convey the same to any person or per- sons, or company, as will conform to the terms and conditions 275 • which shall 'be fixed and provided by the council of the incorporated village by which the line of railway is owned. Sec. 11. That the council of any incorporated village described in this act may, after trustees have been appointed, as provided in this act, advance to said trustees, out of anv funds of said village, such sum as is necessary, not exceed- ing five hundred dollars, for carrying the object for which they were appointed into effect, an^ said sum shall be repaid out of the trust fund provided for in this act wh6n raised. Sec. 12, Deeds and contracts may be made, and proceed- ings for appropriations and actions may be commenced, either in the name of such incorporated village providing the line of rail way ^or in the name of the trustees of railway (filling the blank with the name given to the rail- way in the resolution), and said proceedings may be com- menced and conducted, either in the court of common pleas or probate court, as in other cases of appropriation for the the use of municipal corporations. Sec. 13. This Hct shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, PreMerU'pro tern, of the Seffwie. Passed April 16, 1880. [Senate BUI No. 197.] AN ACT To ftathorice certain towDships to bnild railroad a, and to lease or operate the same. [goshen township, auglaizb county.] Sbction 1. Be^ enacted by the OeneraJL ABsembly of the State of Ohi% That whenever in any township which, by the fed- eral census of 1870 had, and which by any subsequent fed- eral census may have, a population of five hundred and twenty-four, the township trustees thereof shall, on the pe- tition of not less than twenty-five resident tax-payers of such township, pass a resolution declaring it to be essential to the interests of such township that a line of raUway shall be constructed on the line to be designated in said petition, and said railway dhall be named in said resolution, and the termini thereof shall be designated therein, and not to ex- ceed seven miles in length, it shall be lawful for a board of trustees appointed as herein provided, and they are hereby authorized to borrow as a fund for that purpose, not to exceed the sum of ten thousand dollars, and to issue bonds therefor in the name of said township, bearing interest at a rate not exceeding six per centum, payable semi-annually; said bonds to be payable at such times and places, and in ^ 276 iuch sums as shall be deemed best by said board. Said bonds shall be signed and sealed by the president of said board, and attested by the clerk o\ such township, who shall keep a register of the same, and they shall be secured by the pledge of the faith of such township, and a tax which it shall be the duty of the trustees thereof, annually, to levy (which tax shall not exceed three millron the dollar in any one year), to pay the interest and provide a sinking fund for the final redemption of said bonds: and provided that no money shall be borrowed on bonds issued until after the question of pro- viding the line of railway specified in said resolution shall be submitted to a vote of the qualified electors of such town- ship, at a special election to be ordered by the township trus- tees thereof, ol which not less than twenty days' notice shall be given by posting up notices at not less than five of the most public places in such township, and by publishing for three "successive weeks such notice in a newspaper printed in the county wherein such township is located, and of general ^ circulation in such township : further provided, two-thirds * of said electors voting at such election shall decide in favor of such line of railway. The returns of said election shall be made to the clerk of said township, and by him laid before the township trustees, who shall declare the result by resolution. The bonds issued under the authority of this section shall not be sold or disposed of for less than their par value. Sec. 2. If a majority of the votes cast at .-aid election shall be in favor of the construction of the line of railway, as specified in the first section, it shall be the duty of the town- ship trustees to nominate five trustees, who shall be electors and freeholders of said township, to be called the trustees of — ; railway (the blank to be filled with the name of the railroad, as given in the aforesaid resolutiqu), and the same nominations shall be forthwith presented to the judge of the court of common pleas, presiding in said county, tor his approval or rejection, and in case of .his rejecting any of the persons named, then other nominations shall be made in like manner until said board is filled, and when said board shall be full the said judge shall make an prder indorsing such appointment on the minutes of the court of which he is judge; he shall also designate the amount of bond to be given by the trustees, each ^nd to be several and conditioned for the faithful performance of his duty as such trustee : said bond shall be signed bv not less than three sureties, ana shall be approved by the clerk of said court, and be signed in duplicates, one copy4o be filed by the clerk of said court and the other with the treasurer of said township; said trustees shall, before entering upon the discharge of their duties, each take an oath of office that they will faithfully and honestly discharge the duties of their office. Sbc. 3. The said board of trustees and their successors shall be the trustees of said fund, and shall have the control and dM- 277 bursementof theeame. They shall expend eaidfandin procur- ing the right to construct and in confitructine a railway, with all the proper appendages, and, if deemed ijecessary, a line of telegraph between the termini specified in said resolution ; and for the purposes aforesaid, shall have the power and capacity to make contracts, appoint, employ, and pay officers and agents, and to acquire, hold, and possess all the necessary real knd personal property and franchises^ They shall, also have power to receive donations of land, money, bonds, and other ))er6onal property, and to dispose of the same in aid of said und. The said trustees shall have the right to bring, main- tain, and defend all actions, and to sue and be sued, plead and be impleaded, touching the said trust and trust prop- erty, in their own names as such trustees, in any of the courts of this state or elsewhere; they shall elect a treasurer, whose duty it shall be to draw from the treasurer of the county all of said trust funds upon the order of the said trustees ; and the said treasurer shall give bond in such sum as said trustees shall designate, which bond shall be signed by at least three sureties, and shall be approved by at least four-fifths of said trustees. Seo. 4. The said trustees shall form a board, and shall choose one of their number president, who shall also be the acting trustee, with such powers as the board may, by reso- lution, from time to time, confer upon him. A majority of said trustees shall constitute a quorum, and shall bold regu- lar meetings for the transaction of business at their regular office in the township under whose action they are ap- pointed, but they may adjourn, from time to time, to meet at any place they may think proper. They shall keep a record of their proceedings, and cause to be kept a full and accurate account of their disbur^ements, and make a report of the same to the township clerk whenever requested so to do by a resolution of the township trustees. No money shall be drawn from said fund but upon the order of said board, except their own compensation, which shall be paid out of the same upon the recommendation of the township trustees, by resolution duly adopted, and allowed by the court appointing them. Si£0. 5. Said trustees shall have power to take such security from any officer, agent, or contractor chosen, or appointed, or employed by them as they shall deem advisar ble. They shall not become surety for any such officer, agent, or contractor, or be interested, directly or indirectly, in any contract concerning said railway. They shall be responsible only for their own acts. Sec. (^, Whenever ^he township trustees, or any one of them, of any township under whose action a board of trus- tees has been appointed, as herein provided, shall have rear son to believe that any one or more of said trustees has failed in the faithful performance of his trust, it shall be the duty of such township trustees to apply to the then judge of the M 278 court of common pleas, by petition, alleging such misoonduct, and praying that he or they be removed, and that such vacancy be ordered to be fifled in the manner heretofore provided for; and if the said township trustees shall fail, upon the writ- ten request of not less than five resident tax-payers, or upon the request of any of the householders of said township, then, and in that case, such tax payers or bondholders may file such petition for like relief, in the court of common pleas of said county*; and if the court, upon hearing said petition, shall adjudge in favor of such piaintifif, it shall remove such trustee or trustees; and any vacancy from this or any cause, resignation, death, or removal, shall be filled in the manner heretofore provided for. Sec. 7. Whenever, in the construction of a line of rail- way, as herein provided, it shall be necessary to appropriate land for the foundation of the abutments or piers of any bridge across any stream, or for any other purpose, or to ap- propriate any rights or franchises, proceedings shall be com- menced and conducted in accordance with the laws in force at the time for the appropriation of such private property for the use of corporations, except that the oath and verdict of the jury and judgment of the court shall be so varied as to suit the case. Sec. 8 Whenever there shall be, between the termini designated in any resolution passed under this act, a rail* road already partially constructed, or'right of way acquired therefor, which can be adopted as parts of the line provided forin daid resolution, the trustees of said line may purchase or lease the said railroad, or right of way, and pay for the same out of the trust fund. ^ *Sec. 9« Whenever, in the construction of a line of rail> way, as herein provided, the said board of trustees shall find it necessary to use or occupy any street, alley, or other public way, space, or ground, or any part thereof of any incorporated vilage in paid township, proceedings shall be commenced and conducted in accordance with the laws in force at the time for the appropriation of such rights or easements by street railway corporations, except that the oath and verdict of the jury and the judgment of the court shall be so yaried as to suit the case. Sec. 10. On the final completion of any line of railway, constructed under the provisions of this act, the board of trustees shall have power to lease the same to any person or Sersons, or company, as will conform to the terms and con- itions which shall be fixed and provided by the trustees of the township by which the line of railway is owned. Sec 11. Deeds and contracts may be made, and proceed- ings for appropriations and actions may be commenced, either in the name of such township providing the line of railway, or in the name of the trustees of railway (filling the blank with the name given to the railway in the resolu- tion), and said proceedings may be commenced and con* 279 ducted either in the court of common pleae or probate courA, as in cases of appropriation for the use of municipal corpo- rations. Sec. 12. This act shall take effect and be in force from and after its passage. THOS. A. COWGILLj Speaker of the House of RepreaentcUivea. R. G. RICHARDS, President pro tern, of the Senate. Passed April 16, 1880, [SoDateBUlNo. 233.] AN ACT To provide for the appropriatioD of private property for children's homes in Certain counties therein named. l_ROB8 OOUNTY.J Section 1. Be it enacted by the General Assembly of the State of Ohio, That in every county of this state, which, at the last federal census had, and which at any subsequent census may have, a population of thirty-seven thousand and ninety- seven (37,097), and no more, and in which the question of providing a children's home has been submitted to a vote and decided in the affirmative, the county commissioners of every such county, if they shall be unable to agree with the owner or owners of such real estate as they may deem nec- essary, to provide a site for tbe location of the buildings for such children's home and the grounds necessary therefor, for the purchase and sale of the same, said commissioners may appropriate such real estate for the purpose of erecting a children's home thereon, as, in their opinion, is necessary therefor; and for this purpose they shall cause an accurate survey and description of the parcel of land needed for such purpose to be made, and shall file the same with the probate judge of the. county, and thereupon the same proceedings shall be had as are provided for the appropriation of private propertv by municipal corporations. Seo 2. That this act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker cf the House of Representatives. R. G. RICHARDS, ^ President pro tern, of the Senate. Passed April 16, 1880. 280 [StnateBillKo. 162.] AN ACT To amend section 2271 of the revised statntes. Section 1. Be it ennctei by the Oeneral AjBsembly of the SUUe of Ohio, That section 2271 of the revised statutes be amended 80 as to read as follows : Limitation Section 227 1 . In cities of the first class, or in corporations of aeaew- ^^ counties containing a city of the first grade of the first class, ments iu the tax or assessment specially levied or assessed upon any citieB of first lot or land for any improvement shall not, except as pro- oo^MtieTcon^ ^^^^ ^^ section twenty-two hundred and seventy- two, exceed tainioff a twenty-five per centum of the value of such lot or land as it oity of first appears on tne county duplicate at the time such assessment grade of first is made, and the cost exceeding that per centum shall be ® ***' paid by the corporation out of its general revenue ; and, ex- cept as provided in section twenty-two hundred and seventy- two, there shall not be collected of such assessment, in any one year, more than one-tenth of such value of the property Asseasments on which the assessment is made ; and in cities of tbe second in cities of grade, first class, whenever any street or avenue is opened, ex- ^m'olMs to ^®^^®^> straightened, or widened, the assessment for the cost be upon ^^^ expense thereof shall be assessed only on the lots and abutting lands abounding and abutting on said street or avenue so property. improved: provided, that nothing in this section contained shall apply to any improvement ordered commenced, or com- pleted prior to the passage of this act. Sec. 2. Section 2271 of the revised statutes, in force Jan- uary 1, 1880, is hereby repealed. Sec. 3. This act shall take effect from and after its pas- sage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, President pro tern, of the Senate. Passed April 16^ 1880. [Senate BiU No. 169.] AN ACT To amend sections 4830 and 4836 of the revised statntes of Ohio. Section 1. Be it enacted by the Oeneral Assembly of the State of Ohio, That sections 4830 and 4836 of the revised statutes of Ohio be so amended as to read as follows : Section 4830. They may improve, by grading, graveling, or macadamizing any unfinished turnpike road, plank road, or other graded road of five degrees or less, other than such as charge and receive tolls, and when the grading has al- 281 ready been done, and the bridges and culverts already built, Connty oom- one-half of the cost of such improvements shall be assessed miMion«w upon the land owners along and adjacent to the line of the nnfiuiSjl^^* road, as provided in this chapter, and one half upon the tnrDDike or grand duplicate of the county. plank road. Section 4836. When the report is filed, the commission- ersshall, unlesssuch report shows that there is no public neces- j^^^^^'^S sity for the contemplated improvement, enter on their rec- ^f yjewew U ords an order that the improvement be made, which order filed, shall state the kind of improvement, the width, and extent of the same, and the lands which shall be assessed for the expenses thereof; but such order shall not be made until a majority of the resident land owners of the county whose lands are reported as benefited, and ought to be assessed, subscribe the petition mentioned in section forty -eight hun- dred and thirty-one ; in determining such majority, minor heirs shall not be counted for or against the improvement, unless'represented by legal guardian, and the action of such guardian shall be binding upon^uch minor heirs; and all heirs or owners, either adults or minors, to any undivided estate, shall only be entitled to one vote for or against such improvement. Sec. 2. That said original section 4830 and 4836 be and the Fame are hereby repealed ; and thft act shall take effect and be in force from and after its passage^ JOHN A. WILLUMSON, Speaker pro tern, of the House of ISspresentatives. R. G. RICHARDS, President pro tern, of the SeruUe, Passed April 16, 1880. [donate Bill No. 180.] AN ACT To anthorise oertftin townshipB to baild railroads, and to lease or operate the same. [wills township, gubrnsby county. I Sbction 1. Be it efuicted by the Oeneral Assembly of the State of Ohio, That whenever in any township, which by the federal census of 1870 had, and which by an^ subsequent federal census may have, a population of sixteen hundred and seventy (1670), the township trustees thereof shall, by a resolution passed by a majority of the members elected thereto, declare it to be essential to the interests of such town- ship that a line of railway, to be named in said resolution, should be provided between termini designated therein, in the said township, not exceeding seven miles in length, it shall be lawful for a board of trustees appointed as herein provided, and they are hereby authorized to borrow as a fund for that purpose not to exceed the sum of thirty thousand A 282 dollars, and to issue bonds therefor, in the name of said town- ship, bearing interest at a rate not exceeding six per centum per annum, payable semiannualiy. Said bonds to be pay- able at such time and places, and in such sums as shall be deemed best by said board. Said bonds shall be signed and sealed by the president of said board, and attested by the clerk of such township, who shall keep a register of the same, and (they shall be secured by a mortgage on the line of rail- way and by the pledge of the faith of such township, and a tax which it shall be the duty of the trustees thereof, annually, to levy (which tax shall not exceed five mills on the dollar in any one year), to pay interest and provide a sinking fund for the final redemption of said bonds: f>rovided, that such township shall not in any one year evy taxes to a greater amount than twenty mills on the dollar, including the levy for said bonds: and pro- vided, that no money shall be borrowed or bonds issued until after the question of providing the line of railway specifiea in said resolution shall be submitted to the qualified electors of suclr township, at a special election to be ordered by the township trustees thereof, of which not less than twenty days' notice shall be given by posting up notices at not less than five of the most public places in each of the villages iti such township, and by publishing for three successive weeks such notice in a newspaper printed in the county wherein such township is located, and of general circulation in such township: further provided, a majority of said electors, voting at such election, shall decide in favor of such line of railway. The returns of said election shall be made to the clerk of said township, and by him laid before the township trustees, who shall declare the result by resolu- tion. The bonds issued under the authority of this section shall not be sold or disposed of for less than their par value. Sec. 2. If a majority of the votes cast at said election «6hall be in favor of providing the line of railway, as specified in the first section, it shall be the duty of the township clerk, forthwith, to file a petition in the court of common pleas of the county in which such township is located, praying that the judge thereof will appoint five trustees, who shall be electors and freeholders of said township, to be called the trustees of railway (the blank to be filled with the name of the railway, as given in the resolution), and it shall be the duty of said juage to make the appointment, and en er the same upon the minutes or journal of the oourt. They shall enter into bond to the township in such sum as the court may direct, with one or more sufficient sureties, to be approved by the court, conditioned for the faithful discharge of their duties The bond so taken shall be deposited with the township treasurer for safe keeping. Sec. 3. The said board of trustees and their successors shajl be the trustees of said fund, and shall have the control and disbursement of the same. They shall expend said fun(>in 283 procuring the right to construct, and in constructing a railway, with all the .proper appendages, and, if deemed necessary, a line of telegraph between the termini specified in said resolution, and, for the purpose aforesaid, shall have the power and capacity to make contracts, appoint, employ, and pay officers and agents, and to acquire, hold, and possess all the necessary real and perFonal property and franchises. They shall also have power to^ receive donations of land, money, bonds, and other personal property, and to dispose of the same in aid of said fund. Sec. 4. The said trustees shall form a board, and shall choose one of their number president, who shall also be the act- ing trustee, with such powers as the board may, by reso- lutions, from time to time, confer upon him. A maj<>rity of said trustees shall constitute a quorum, and shall hold regu- lar meetings for the transaction of busineFS, at their regular office in the township under whose action they are appointed, but they may adjourn from time to time, to meet at any place they may think proper. They shall keep ^ record of their proceedings, and cause to be kept a full and accurate account of their disbursements, and make a report of the same to the township clerk, whenever requested so to do by a resolution of the township trustees. No money shall be drawn from said fund but upon the order of said board, except their own compensation, which shall be paid out of the same upon the recommendation of the township trustees, by resolution duly adopted, and allowed by the court appoint- ing them. Sec. 5. Said trustees shall have power to take such secu- ritjr from any officer, agent, or contractor chosen, or ap- pointed, or employed by them, as they shall de^m advisable. They shall not become surety for any such officer, agent, or contractor, or be interested, directly or indirectly, in any contract concerning said railway. They shall be responsible only for their own acts. Sec. 6. Whenever the township trustees, or any one of them, of any township under whose action a board of trus- trees has been appointed as herein provided, shall have rea- son to believe that any one of the latter has failed in the faithful performance of his trust, it shall be the duty of such township trustees to apply to the court that ap- gointed said board of trustees, by petition, praying that one e removed and another be appointed in his place ; and if the said township trustees shall fail to make application after request of any of the holders of the bonds issued by said board of trustees, or by a tax-payer of such township, such bondholder or tax-payer may file a petition in his own name, on the behalf of the holders of such bonds, for like relief, in any court having jurisdiction; and if the court hearing the action shall adjudge in favor of the plain- tiflP, then such court shall remove such trustee and appoint another in his stead ; and when a vacancy shall occur in 282 dollars, and to issue bonds therefor, in the name of said town- ship, bearing interest at a rate not exceeding six per centum per annum, payable semiannually. Said li^nds to be pay- able at such time and places, and in such sums as shall be deemed best by said board. Said bonds shall be signed and sealed by the president of said board, and attested by the clerk of such township, who shall keep a register of the same, and I they shall be secured by a mor.gage on the line of rail- way and by the pledge of the faith of such township, and a tax which it shall be the duty of the trustees thereof, annually, to levy (which tax shall not exceed five mills on the dollar in any one year), to pay interest and provide a sinking fund for the final redemption of said bonds: provided, that such township shall not in any one year levy taxes to a greater amount than twenty mills on the dollar, including the levy for said bonds: and pro- vided, that no money shall be borrowed or bonds issued until after the question of providing the line of railway specifiea in said resolution shall be submitted to the qualified electors of suclr township, at a special election to be ordered by the township trustees thereof, of which not less than twenty days* notice shall be given by posting up notices at not less than five of the most public places in each of the villages iti such township, and by publishing for three successive weeks such notice in a newspaper printed in th^ county wherein such township is located, and of general circulation in such township: further provided, a majority of said electors, voting at such election, shall decide in favor of such line of railway. The returns of said election shall be made to the clerk of said township, and by him laid before the township trustees, who shall declare the result by resolu- tion. The bouds issued under the authority of this section shall not be sold or disposed of for less than their par value. Sbc. 2. If a majority of the votes cast at said election «hall be in favor of providing the line of railway, as specified in the first section, it shall be the duty of the township clerk, forthwith, to file a petition in the court of common pleas of the county in which such township is located, praying that the judge thereof will appoint five trustees, who shall be electors and freeholders of said township, to be called the trustees of railway (the blank to be filled with the name of the railway, as given in the resolution), and it shall be the duty of said judge to make the appointment, and en er the same upon the minutes or journal of the oourt. They shall enter into bond to the township in such sum as the court may direct, with one or more sufficient sureties, to be approved by the court, conditioned for the faithful discharge of their duties The bond so taken shall be deposited with the township treasurer for safe keeping. Sbc. 3. The said board of trustees and their successors shajl be the trustees of said fund, and shall have the control and disbursement of the sanae. They shall expend said fan(>in 283 procuring the right to construct, and in constructing a railway, with all the proper appendages, and, if deemed necessary, a line of telegraph between the termini specified in said resolution, and, for the purpose aforesaid, shall have the power and capacity to make contracts, appoint, employ, and pay officers and agents, and to acquire, hold, and possess all the necessary real and pergonal property and franchises. They shall also have power to^ receive donations of land, money, bonds, and other personal property, and to dispose of the same in aid of said fund. Sec. 4. The said trustees shall form a board, and shall choose one of their number president, who shall also be the act- ing trustee, with such powers as the board may, by reso- lutions, from time to time, confer upon him. A majority of said trustees shall constitute a quorum, and shall hold regu- lar meetings for the transaction of busincFS, at their regular office in the township under whose action they are appointed, but they may adjourn from time to time, to meet at any place they may think proper. They shall keep ^ record of their proceedings, and cause to be kept a full and accurate account of their disbursements, and make a report of the same to the township clerk, whenever requested so to do by a resolution of the township trustees. No money shall be drawn from said fund but upon the order of said board, except their own compensation, which shall be paid out of the same upon the recommendation of the township trustees, by resolution duly adopted, and allowed by the court appoint- ing them. Sec. 5. Said trustees shall have power to take such secu- rity from any officer, agent, or contractor chosen, or ap- pointed, or employed by -them, as they shall de^'m advisable. They shall not become surety for any such officer, agent, or contractor, or be interested, directly or indirectly, in any contract concerning said railway. They shall be responsible only for their own acts. Sec. 6. Whenever the township trustees, or any one of them, of any township under whose action a board of trus- trees has been appointed as herein provided, shall have rea- son to believe that any one of the latter has failed in the faithful performance of his trust, it shall be the duty of such township trustees to apply to the court that ap- Kinted said board of trustees, by petition, praying that one removed and another be appointed in his place ; and if the said township trustees shall fail to make application after request of any of the holders of the bonds issued by said board of trustees, or by a tax -payer of such township, such bondholder or tax-payer may file a petition in his own name, on the behalf of the holders of such bonds, for like relief, in any court having jurisdiction; and if the court hearing the action shall adjudge in favor of the plain- tiflP, then such court shall remove such trustee and appoint another in his stead ; and when a vacancy shall occur in 234 said board from any other cause, it shall be filled apon like petition and in like manner. Sbc. 7. Whenever, in the construction of a line of rail- way as herein provided, it shall be necessary to appropriate land for the foundation of the abutments or pier of any bridge across any stream, or for any other purpose, or to appro- priate any rights or franchises, proceedings shall be com- menced and conducted in accordance with the laws in force at the time for the appropriation of such private property for the use of corporations, except that the oath and verdict of the jury, and judgment of the court, shall be varied to suit the case. Sec. 8. Whenever there shall be, between the termini designated in any resolution passed under this act, a railroad already partially constructed, or rights of way acquired there- for, which can be adopted as parts of the line provided for in said resolution, the trustees of said lin ) may purchase or lease the said railroad or right of way, and pay for the same out of the tfust fund. Sec. 9. Whenever, in the construction of a line of rail- way as herein provided, the said board of trustees shall find it necessary to use or occupy any street, alley, or other public wav, space, or ground, or any part thereof, of any incorporated village in paid township, proceedings shall be commenced and conducted in accordance with the laws in force at the time for the appropriation of such rights or easemetits by street railway corporations, except that the oath and verdict of the jury, and the judgment of the court, shall be so varied as to suit the case. Seo. 10. On the final completion of any line of railway, constructed under the provisions of this act, the board of trustees shall have power to lease the same to any person or persons, or company, as will conform to the terms and condi- tions which shall be fixed and provided by the trustees of the township by which the line of railway is owned. Sec. 11. That the trustees of any township descVibed in this act may, after trustees have been appointed as pro- vided in this act, advance to said trustees, out of any funds of said township, such sum as is necessary, not exceeding five hundred dollars, for carrying the object for which they were appointed into effect, and said sura shall be repaid out of the trust fund provided for in this act when raised. Sec li. Deeds and contracts may be made, and proceed- ings for appropriations and actions may be commenced, either in the name of such township providing the line of railway, or in the name of the trustees of — railway (filling the blank with the name given to the railway in the resolution), and said proceedings may be commenced and conducted, either in the court of common pleas or probate court, as in cases of appropriation for the use of municipal corporations. 285 Sec. 13. This act shall take effect and be in force from and after its passage, i THOS. A, COWGILL, l^peaker of the House of RdpreamtativeB, R. G. RICHARDS, President pro tern, of the Senate, , Passed April 16, 1880. [Senate Bill No. 214.] AN ACT To authorize certain townships to bniJd railroads, and to lease of operate ihe same. [HARRISON TOWNSHIP, PREBLK COUNTY 1 Section 1. Beit enacted by the General Assembly of the State of Ohio, That whenever in any township, which by the fed- eral census of 1870 had, and which by any subsequent fed- eral census may have, a population of two thousand two hun- dred and ninety-four, the township trustees thereof shall, by a resolution passed by a majority of the members elected thereto, declare it to be essential to the interests of sucn township that a line of railway, to be named in said resolution, should be provided between termini designated therein, in the said township, not exceeding seven miles in length, it shall be. lawful fo. a board of trustees, appointed as herein pro- vided, and they are hereby authorized to borrow, as a lund for that purpose, not to exceed the sum of forty thousand dollars, and to ivsue bonds therefor in the name of said town- ship, bearing interest at a rate not exceeding six per centum per annum, payable semi-annually. Said bonds to be payable at such time and places, and in such sums, as shall be deemed best by said board. Said bonds shall be signed and sealed by the president of said board, and attested by the clerk of such township, who shall keep a register of the same, and they shall be secured by a mortgage on the line of railway, ana by the pledge of the faith of such township, and a tax, which it shall be the duty of the trustees thereof, annually, to levy (which tax shall not exqeed two and one-half mills on the dollar in any one year), to pay interest and provide a sinking fund for the final redemption of said bonds : pro- vided, that no money shall be borrowed or bonds issued until after the question of providing the line of railway specified in said resolution shall be submitted to a vote of the qualified electors of such township, at a special election to be ordered by the township trustees thereof, of which not less than twenty days' notice shall be given by posting up notices at not less than five of the most public places in each of the villages in such township^ and by publishing for three successive weeks such notice in a newspaper printed in the county wherein such township is locatea, and of general cir- 286 % culation in such township: further proyided, two-thirds of said electors voting at such election s^ali decide in favor of such line of railway. The returub of said election shall be made to the clerk of said township, and by him laid before the township trustees, who shall declare the result by reso- lution. The bonds issued under the authority oi this sec- lion shall not be sold or disposed of for less than their par value. Sec. 2. If a majority of the votes cast at said election shall be in favor of providing the line of railway, as specified in the first section, it shall be the duty of tne township clerk, forthwith, lo tile a petition in the court of common pleas of the county in which such township is located, pray- ing that the judge thereof will appoint tive trustees, who shall be eltciors and ireeholders of said townsnip, to be called the trustees of railway (the blank to be iilled with the name of the railway, as given in the resolution), and it shall be the duty of said judge to make the appoint- ment, and enter the same upon the minutes or journal of the court. They shall enter into bond to the township in such sum as the court may direct, with one or more suiticient sureties, to be approved by the court, conditioned for the laithiul discharge of their duties. The bond so taken shall be deposited with the township treasurer for safe keeping. S£c. 3. The said board oi trustees and their successors shall he the trustees uf said fund, and shall have the control and dis )ursement of the same. T^ey shall expend said fund in procuriug the right to construct, and in construct- ing a railway with ail the proper appendages; and, if deemed necessary, a line oi telegraph between the termini specitied in said rt^solution, and for the purpose al'oresaid sliall have the power and capacity to make con- tracts, appoint, employ, and pay oihcers and agents, and to acquire, nold, and possess all the necessary real and personal property and franchises. They shall also have power to receive donations of land, money, bonds, and other personal property, and to dispose of the same m aid of said fund. bEC. 4. The said trustees shall form a board, and shall choose one of their number presidt^nt, who shall also be the acting trustee, with such powers as the board may, Oy resolu- tions, irom time to time, confer upon him. A majority of said trustees shall constitute a quoium, and shall nold regular meetings for the transaction ot business, at their regular office in the township under whose action they are appointed; but they may adjourn, from time to time, to meet at any place they may think proper. They shall keep a record of their proceedings, and cause to be kept a lull and accurate account ot their disbursements, and make a report of the same to the township clerk whenever requested so to do by a resolution of the township trustees. No money shall be drawn from said fund but upon the order of said board, ex- cept their own compensation, which shall be paid out of the • ' 287 same apon the recommendation of the township trustees, by resolution duly adopted, and allowed by the court appointing them. Sec. 5. Said trustees shall have power to take such se- curity from any officer, agent, or contractor chosen or ap- pointed or employed by them, as they shall deem advisable. They shall not become surety for any such officer, agent, or contractor, or be intercbted, directly or indirectly, m any contract concerning said railway. They shall be responsible only for their own acts. Sec. 6 Whenever the township trustees, or any one of them, of any township under whose action a board of trus- tees has been appointed, as herein provided, shall have rea- son to believe that any one of the latter has lailed in the faithful performance ot his trust, it shall be the duty of such township trustees to apply to the court that appointed said board of trustess, by petition, praying that one be removed and another appointed in hid place ; and if the said town- ship trustees shall fail to make application after request of any of the holders of the bonds issued by said bc>ard of trus- tees, or by a tax -payer of such township, such bondholder or tax-payer may file a petition in his own name, on the behalf of the holders of such bonds, for like relief, in any court having jurisdiction; and if the court hearing the action shall adjudge in favor of the plaintiff, such court shall re- movesuch trustee and appoint another ia his stead; and when a vacancy shall occur in said board from any other cause, it shall be filled upon like petition and in like manner. Sec 7. Whenever, in the construction of a line of rail- way, as herein provided, it shall be necessary to appropriate land for the foundation of the abutments or pier of any bridge across any stream, or for any other purpose, or to appropri- ate any rights or franchises, proceedings shall be commenced and conducted in accordance with the laws in force at the time for the appropriation of such private property for the uae of corporations, except that ti^e oath and verdict of the jury ana judgment of the court shall be varied to suit the case. Sue. 8. Whenever there shall be, between the termini designated in any resolution passed under this act, a rail- road already partially constructed, or right of way acquired therefor, which can be adapted as parts of the line provided for in said resolution, the trustees of said line may purchase or lease the said railroad, or right of way, and pay for the same out of the trust fund. Sec. 9. Whenever, in the construction of a line of rail- way, as herein provided, the said board of trustees shall find it necessary to use or occupy any street, alley, or other pub- way, space, or ground, or any part thereof, of any incor- porated village in said township, proceedings shall be com- menced and conducted in accordance with the laws in force at the time for the appropriation of such rights or easements 288 by street railway corporations, except that the oath and ver- dict of the jury and the judgment of the court shall be so varied as to suit the case. Sbc. 10. On the final completion of any line of railway, constructed under the provisions of this act, the board of trustees shall have power to lease the same to any person or Sersons, or company, as will conform to the terms and oon- itions which shall be fixed and provided by the trustees of the township by whicb the line of railway is owned. ' Sec. 11. That the trustees of any township described in this act may, after trustees have been appointed as provided in this act, advance to said trustees, out of any funds of said township, such sum as is necessary, not exceeding five hun- dred dollars, for carrying the object for which they were ap- pointed into effect; aud said sum shall be repaid out of the trust fund provided for in this act, when raised. Sbc. 12. Deeds and contracts may be made, and proceed- ings for appropriations and actions may be commenced, either in the name of such township providing the line of railway, or in the name of the trustees of railway (filling the blank with the name given to the railway in the resolutAon), and said proceedings may be commenced and conducted, either in the court of common pleas or probate court, as in cases of appropriation for the use of municipal corporations. Sec. 1^. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, leaker of the House of RepreaentcUives. R. G. RICHARDS, President pro tem. of Senate. Passed April 16, 1880. LSenate Bill No. 211 ] AN ACT To aathoriEe certain towDehipB to baild raUroads. and to lease or operate the same. [twin township, PREBLE COUNTY.] Sbction 1. Be U enacted by the Oenercd Assembly of the State of. Ohio, That whenever in any township whicn by the federal census of 1870 had, and which by any subsequent federal census may have, a population of seventeen hundred and ninety-nine, the township trustees thereof shall, on the petition of not less than twenty-five resident tax-payers of such township, pass a resolution declaring it to be essential to tbe interests of such township that a line of railway shall be constructed on the line to be designated in said petition, and said railway shall be named in said resolution, and the termini thereof shall be designated therein, and not to ex 289 ceed seven miles in length ; it shall be lawful for a board of trustees appointed as herein provided, and they are hereby authorized to borrow as a fund for that purpose, not to exceed the sum of thirty-five thousand dollars, and to iFSue bonds therefor, in the name of said township, bearing interest at a rate not exceeding six per centum, payable semiannually. Said bonds to be payable at such times and places, and in such sums as shall be deemed bept by paid boaid. Said bonds shall be signed and sealed by the president of said board, and attesud by the clerk of such township, who shall keep a register of the same, and they Fball be J^ecured iy a pledge of the faith of such township, and a tax which it shall be the duty of the trustees thereof, annually, to levy (which tax shall not exceed two and one hal' mills on the dollar in any one year), to pay interest and provide a sinking lund for the final redemption of said bonds: and provided, that no money shall be borrowed or bonds issued until after the question of providing the lin« of railway sperified in said resolution shall be submitted to a vote of the qualified electors of such township, at a special election to be ordered by the township trustees thereof, of which not les-* than twenty days* notice shall be given by posting up notices at not les3 than five of the mo^t public places in such township, and by publishing for tnree successive weeks such notice in a newspaper printed in the county wherein such townt-hip is located, and of general circulation in such township: further provided, twathirdsof said eleciors voting at such election ^hall de- cide in favor of such line of railway. The returns of said election t^hall be made to the clerk of said township, and by him laid before the township trustee.^, who shall declare the result by reeolution. The bonds istued under the authority of this section shall not be sold or disposed of for^ess than their par value. Sec. 2. If a majority of the votes cast at said election shall be in favor of the construction of the line of railway, as speci- fied in the firbt s ction, it shall be the duty of the township trustees to nominate five trustees, who shall be electors and freeholdeis of said township, to be called the trustees of . railway (the blank to be filled wi'h the name of the railroad, as given the a'oresaid resolution), and the same nominations shall be forthwith presented to the judge of the court of common pleas, presiding in said county, for his ap- proval or rejection, and in case of his rejecting any. of the persons named, then other nominations shall be made in like manner until said board is filled, and when said board shall be full, the said judge shall make an order indorsing such appointment on the minutes of the court of which he is judge, he shall alsodesignpte the amount of bond to be given by the trustee,. each bond to be several and conditioned for the faithful performance of his duties as such trustee; said bond shall be signed by not less than three sureties, and shall be approved by the clerk of said court, and be signed 19 290 in duplicates, one copy to be filed with the clerk of said court and the other with the treasurer of eaid township; said trustees shall, before entering upon the discharge of their duties, each take an uath of office that ihey will faith- fully and honestly discharge the duties of their office. Sec. 8. The said board of trustees ard their pucoessors shall be the trustees of said fund, and shall have the control and disbursement of the same. They shall expend said fund in procuring the right to construct, and in construrting a railway, with all the proper appendages; and if deemed neceFsary, a l.ne of telegraph, between the termini specified in said resolution ; and for the purpose aforesaid, shall have the power and capacity to make contracts, appoint, employ, and pay officers and agents, and to acquire, hold, and possess all tne necessary real and personal property and franchises. They shall also have p 'Wer to receive donations of land, money, bonds, and othf^r personal property, and to dispose of the same in aid of said fund. The said trustees shall have the right to bring, maintain, and defend all actions, and to sue and be sued, plead and be impleaded, touching the said trust and trust property, in their own names, as such trus* tees, in any of the courts of this state or elsewhere; they [shall] elect a treasurer, whose duty it shall be to draw from the treasurer of the county all of t^aid trust funds, upon the order of the said trustees; and the said treasurer shall give bond in sucn sum as said trustees shall designate, which bond shall signed by at least three sureties, and shall be ap- proved by at least four fifths of said trustees. Hec. 4. The said trustees shall form a board, and shall choose one of their number president, who shall also be the acting trustee, with ^uch powers as the board may, by reso- lution, from time to time, confer upon him. A majority of said trustees shall constitute a quorum, and shall hold reg- ular meetings for the transaction of business, at their regular office in the townbhip under whose action they are appointed, but they may adjourn, from tinre to time, to meet at any place they may tbink proper. They shall keep a record of their proceedings, and cause to be kept a full and accurate account of their disbursements, and make a report of the same to the township clerk, whenever requested so to do by a resolution of the township trustees. No money shall be drawn from said fund but' upon the order of said board, ex- cept their own compensation, which shall be paid out of the same upon the recommendation of the township trustees, by resolution, duly adopted and allowed by the court ap- pointing them. Sec. 6. Said trustees shall have power to take such security from any officer, agent, or contractor chosen, or appointed, or employed by them as they shall deem advisable. They shall not become surety for any such officer, agent, or con- tractor, or be interested, directly or indirectly, in any contract 291 concerning said railway. They shall be responsible only for their own acts. Sec. 6. Whenever the township trustees, or any one of them, of any township under whose action a board of trus- tees has been appointed, as herein provided, shall have reason to believe that any one or more of said trustees has failed in the faithful performance of his truRt, it shall be the duty of such township trustees to apply to the then judge of court of common pleas, by petition, alleging such miscon- duct and praying that he qr they be removed, and that such vacancy be ordered to be filled in the manner hereto- fore provided for; and if the said township trustees shall fail, upon the written re<]uest of not let^s than five resident tax -payers, or upon the request of any of the householders of saia township, then in that case such tax-payers or bond- holders may file such petition, for like relief, in the court of common pleas of said county ; and if th^ court, upon hear- ing said petition, shall adjudge in favor of such plaintiff, it shall remove such trustee or trustees ; and any vacancy from this or any cause death, resignation, or removal, shall be filled in the manner heretofore provided for. Sbc. 7. Whenever, in the construction of a railway, as herein provided, it shall be necessary to appropriate land for the foundation of the abutments or pier of any bridge across any stream, or for any other purpose, or to appropriate any rights or franchises, proceedings shall be commenced and conducted in accordance with the laws in force at the time for the appropriation of such private property for the use of corporations, except that the oath and verdict of the jury and and judgment of the court shall be so varied to suit the case. SEC.iS. Whenever there shall be, between the termini designated in any resolution passed under this act, a railroad already partially constructed, or rights of way acquired therefor, which can be adopted as parts of the line provided for in said resolution, the trustees of said line may purchase or lease the said railroad, or right of way, and pay for the same out of the trust fund. Sec. 9. Whenever in the construction of a line of rail- way, as herein provided, the said board of trustees shall find it necessary to use or occupy any street, alley, or other public way, space, or ground, or any part thereof or [of] any incor- porated village in said township, proceedings shall be com- menced and conducted in accordance with the laws in force at the time for the appropriation of such rights or ease- ments by street railway corporations, except that the oath and veidict of the jury and judgment of the court shall be so varied as to suit the case. Sec. 10« On the final completion of any line of railway, constructed under the provisions of this act, the board of trustees shall have power to lease the same to any person or persons, or company, as will conform to the terms and con* 292 ditions which shall be fixed and provided by the trustees of the township by which the line of railway is owned. Sec. 11. That the trustees of any township described in this act may, after trustees have been appointed, as provided in this act, advance to said trustees, out of any funas of said township,such sum as is necessary, not exceeding five hundred dollars, for carrying the object for which they were ap- pointed into effect, and said sum shall be repaid out of the trust fund prqvided for in this act when raised. Sec. 12. Deeds and contracts may be \nade, and proceed- ings for appropriations and actions may be commenced, either in the name of such township providing the line of railway, oi; in the name of the trustees of — ^ railway (filling the blank with the name given to the railway- in the resolution), and said proceedings may be commenced and conducted, either in the court of common pleas or probate court, as in cases o: appropriation for the use of municipal corporatipns. Sec. 1%. This act shall take effect and be in force frohi and after its passage. THOS. A.COWGILL, Speaker of the Hot/se of RepreaerUatives, R. G. RICHARDS, I^esident pro iem. of the Senate, Passed April 16^ 1880. [Senate BiU No. V3».] AN ACT To aathoriae tow^nshipsand manicipal oorporaiions to purchase groandB, build and operate railroad macliine Hhopa. [CAMBRIDGE TOWNSHIP, GUERNSEY COUNTY.] Section 1. Beit enacted by the Oeneral Assembly of the StcUe of Ohio, That any township in the state baving, by the last federal census, a population of thirty six hundred and twenty -four (3624) inhabitants, or any municipal corporation having, by the federal census, a population of twenty- one hundred and ninety-three, be and the same is hereby authorized to issue the bonds of such township or corpora- tion, as hereinafter provided, not exceeding in amount one per cent, of the taxable valuation of the property thereof, as shown by the tax duplicate thereof, and negotiate the same for the purpose of purchasing grounds, building railroad machine ohops, leasing and operating the same for said pur- pose. Sec. 2. That the bonds so provided for shall be issued in sums of not less than one hundred dollars each, with coupons attached, bearing interest from date, at a rate not exceeding 293 BIX per cent, per annum, payable semi-annually, at such time and place as may be fixed by the trustees of euch town- ship, or the council of such corporation, to be therein speci- fied, and to be signed by the trustees and clerk of such town- ship, or the mayor and clerk of such corporation, which bonds shall not run for more than ten nor less than seven years from the date thereof, and shall not be negotiated for less than their par value. Sec. 3. Provided, that the powers herein conferred shall not be exercised until the trustees of such township, or the council of such corporation, shall be authorized by a ma* jority of the qualified electors thereof, voting at any general or special election held therein, upon the petition of not less .than twenty-five resident tax-payers of such township or cor- poration, asking that such vote be taken, when the trustees, or council, shall provide, by resolution, for taking the same, giving thirty days' previous notice of the time, place, and purpose of such ejection, by advertisment in at l^ast two of the newspapers published in said county, and having a general circulation therein, which election shall be held at the usual place ot* holding elections in such township or cofporUion. and conducted by the officers authorised to preside at elections therein. The poll- book and tally- sheet thereof to be kept and returned to and opened by the clerk of the court of common plea?, and the result declared as now provided for in the election of justices of the peace. Sec. 4. The tickets voted at such election shall have written or printed thereon the words *' Machine shops, yes," "Machine ^hops, no," and if the canvass of the votes so cast, and opened as aforesaid, shall show that two-thirds of the ballots so cast were in favor of the proposition voted tor, then the trustees of such township, or council of such corporation, shall, 'by resolution proceed to issue the bonds as provided for in this act, and make provisions, by a levy not exceeding two mills in any one year upon the property of said town- ship or corporation at the next annual assessment, for the payment of the principal and interest accruing thereon. Sec. 5. That said trustees or council shall thereupon pro- ceed to construct the necessary buildings ui^der proper plans for the same, and when completed are hereby authorized and empowered to operate, lease, or sell the same, in such manner and upon such terms as in their opinion will best serve the interests of said township or corporation, said shops not to be used for any other than railroad purposes. Sec. 6. This act shall take effect and be in force from and after its passage. THOS. A COWGILL, Speaker of the Hau&e of Representatives. R. G. RICHARDS, Preddent pro tern, of the Senate, Passed April 16, 1880. 294 Bounty fo^ re-enlisted veteran vol- onteers [Senate BUI No. 85.] AN ACT To amend section one of an act passed ahd took effect April 16, 1867, en- titled "an act to antboriza and require the payment of bounties to volunteer soldiers." Section 1. Be it enacted by the General Asaewbly of the State of Ohio^ That section one of an act passed and took and effect 4pril 16, 1867, be so amended as to read as follows : Section 1. That the commissioners of the several coun- ties, the trustees of the several townships, and the city councils of the several cities of this state, are hereby author- ized and required to issue to each re-enlisted veteran volun- teer who has heretofore been credited, as shown by the mus- ter and descriptive rolls, or otherwise, upon the quota of such county, township, or city, or any ward of such city, under any requisition of the president of the United States for volunteers during the late rebellion, and who has not re- ceived any local bounty upon said enlistment, a warrant for the sum of one hundred dollars, or a bond for a like sum bearing six per cent, interest, redeemable at thje pleasure of such commissioner;^, trustees, city councils, one year after the date thereof; and when such veteran volunteer has been credited upon the quota of the state at large, or has been so indefinitely credited as that the credit could only pass to the state as shown by the muster and descriptive rolls, then the auditor of state is hereby authorized and required to is- sue his warrant upon the state treasury to such volunteer for the sum of one hundred dollars, which shall be paid by the treasurer of state out of any funds in the treasury not otheri^ise appropri'ired; and in all cases where such volun- teer has received a bounty of less sum than one hundred dol- lars on such enlistment, then it shall be the duty of the state auditor, county commissioners, township trustees, or city councils, as the case may be, to issue a warrant, or bond, as above specified, to such volunteer for the difference be- tween the amount already received, and the amoutit he would by this act be entitled to receive, if he had not re- ceived any such bounty. To determine the number of those credited to congressional districts, that properly belong to each county of the district, the adjutant-gen- eral is hereby required to apportion, among the several counties or each district, the number so assigned, in proportion lo population, and notify the county commis- sioners of the number assigned to their several counties; the commissioners shall then proceed as required in this section: provided, that any county having previously paid the bounty to any volunteer credited to the congressional district, shall deduct the amount so paid from the amount to be levied on said county : provided, however, when the mus- ter and descriptive rolls were not received by the adjutant- general in time for the credit therein shown to be applied 296 upon any quota, then the auditor of state shall issue his warrant on the state treasury in favor of such soldier, as in the case of credits to the state at large. And in all cases where the commissioners of any county, the trustees of any township, or the council of any city, in this state, has promised to any volunteer, under any requisition of the president, a bounty, and such volunteer has received from such county, township, or city, in ^settlement of such a bounty, or any part thereof, any bond, certificate, scrip, or promise to pay, in writing, by the pro visions of which payment was to be made; in case any subsequent legislation should authorize such commissioners, trustees, or council to levy a tax for the payment of the same, and such, bond, certificate, scrip, or promise in writing has not been paid for want of such authority by the legislature, or for any other reason, and said bond, certificate, scrip, or promise in writing, has not been by such volunteer sold or assigned, then such com- missioners, trustees, or council shall issue to such volunteer, or in case of his death, then to his legal representatives, a warrant for the amount of said bond, certificate, scrip, or promise in writing, together with the interest thereon from the date of the issue thereof, or a bond for a like sum, re- deemable as herein provided : and in case of the loss or de- struction of said bond, certificate, scrip, or promise in writ- ing, the person entitled thereto shall make affidavit of said lods or destruction, and that the same has not been sold or assigned before such person shall receive said warrant or bond as aforesaid : provided, that this act shall not be con- strued so as to allow any such re-enlisted veteran volunteer who has already received the bounty pi^ovided for by the act to which this is amendatory, or who has received one hun- dred dollars t)ounty from the state or any county, town- ship, or city under any prior act. Sec. 2. That section one of an act passed and took effect April 16, 1867, entitled ^' an act to authorize and require the payment of bounties to volunteers," and an act passed and took effect May 16 1868, entitled *'an act to amend an act entitled an act to amend an act to provide a bounty for volunteers, passed March 7, 1867," be and the same are here- by repealed : provided, that the repeal thereof shall not effect any rights acquired, or liabilities incurred, under said sec- tion and act so repealed. Sec. 3. This act shall take efiect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RepreeentcUiveB. R. G. RICHARDS, Prendeni pro tem. of the Senate, Passed April 16, 1880. Management^ of fire de- partment vested in a board of four oommis- •ioners. Terms of oommis* slonersy va- cancies* bow fiUed. Piesident and pccre- tary oi bofurd. Qooram. Vote OB ap- pointment to be reeoided. Meetings of boa^. Record of proceedings 296 # [Senate Bill No. 113 1 AN ACT To establiAh a l>oard of fire commissi >ners in cities of tbe see >nfl' grada of the second clius, who shall have the management and coutrol of tbe fire departmeijt Section 1. Beit enacted by the General Assembly of the State of Ohio, That in every city which, at the date of the passage of this act, ranks as a city of the second grade of the second class, the manajrement and control of the fire dep-^rtment shall be vested in a board of four commissioners having the quali6cations of electors of said citv, two of whom shall bo Appointed from each of the two leading political parties by a Iwo-thirds vote of the city council of said city; two of said commissioners appointed from the Si.me political party shall serve for one and three years respectively, and two of said commissioners appointed from the other political party shall .serve for two and four years resp'^ctively, and all shall serve until their successors sh and entered upon the minutes. 297 Sec. G. The board shall prescribe the duties of the officers Board to pre- and members of the department* and from time to time make scribe daties euch rules and regulations for the government of the force "i^™*, as may be found necessary, which said rules and regulations govemmeni shall have the force and eiTect of ordinances when approved of foroe. by the city council. Sec. 7. No member of the board or of the department No member shall be interested in the profits of any contract with the of force to be department, and no officer or employe shall have the power l^'YiS^^^ ^ to incur any liability on account of the board, unless author- ized so to do at a meeting of the board. Sec. 8. The board shall make all necessary repairs of Board to houses, engines or other apparatus belonging to the depart- make re- ment, purchase all necessary supplies, and contract in the ^uJJJjSibh name of the city for new housea, hose, cisterns, or other p^^^^ ^^ apparatus Sec. 9. The board shall, on the last Friday in April, Board to annually, certify to the city council the amount neceissary certify to to be levied on the tax duplicate for the support of the fo^g^pp^or^ department for the ensuing year, and so much thereof as of depart- may be allowed by the city council (which shall not be ment. reduced below one mill on the dollar on the taxable property in said city), shall form a part of the tax levy and be placed to the credit of the board, and shall be used exclusively for the use of the department ; and said board shall have no Board no power to incur any liability on behalf of such city beyond power to in- ^ the amount so levied and set apart to their order by the city ^^ nihility ' council, and all claims on account of the department shall ^^^ be approved by the board, and when so approved, the same levied, shall be paid by the city treasurer, on the order of the board, higned by the president and secretary, in the same manner as provided for the payment of other claims. Sec. 10. The board shall appoint an executive ofQcer, Board to ap- who shall be known as the chief of the fire department, who point chief; shall serve for one year, and who shall have the management "^ ^^^ of the department in service, and they shall also appoint ^ ^ euch members and employes as may be necessary for the efficient management of the department, and said board may discharge or remove, without notice, said chief or any mem- ber or employe for inefficiency or for other good and sufficient cause, othet tuan political, and without cause, upon written notice given thirty days prior to removal, provided that all the members of said board concur in said discharge or re- moval. Sec. 11. The board shall annually recommend to the city ci^ oonnoQ council the salaries to be paid to the officers and members of to u salaries the department, and the city council shall thereupon fix ^^ '2i^™' ^f such salaries, but at no greater rate than that recommended JJJ^S? *^ by the board; and when a reduction is made by the city council in the salaries as recommended by the board, the rate per cent, of reduction shall be uniform among all the officers and members of the department. 298 Beporfc of boftrd and chief of de- pftrtment. Fire almrm telegraph. Upon ap- pointment of board city oonncil to turn over property, eto. When and where ooan- 2r oommis- oners may build turn- pikes. Seo. 12. It shall be the duty of said board to make a detailed and accurate account of all the expenses of the department, with the amount appropriated by the city council, to pay said expenses, with the annual report of the chief, giving in detail the doings of the department during the year, which report shall be presented to the city council at its last regular meeting in March, annually. Sec. 13. The lire alarm telegraph shall be attached to the fire department, and under the control and subject to the regulations of the board of fire commissioners ; and the chief of the fire deparment shall be superintendent thereof; and the board may appoint an operator for the management of such alarm telegraph Sec. 14. Upon the appointment of said board the city council shall turn over to them all the property, belonging to the department, and place to their credit all moneys or credits due said department ; and the officers and employes of said department, at the time said board shall assume con- trol, shall hold their respective places, subject, however, to discharge or removal as hereinbetore provided. Sec. 15. This act shall take effect and be in force from and after its passage. THOS A COWGILL, ' Speaker of the House of RepresentcUivea. R G. RICHARDS, President pro tem, of the Seriate, Passed April 16, 1880. - [Senate Bill No. 236.] AN ACT 1*0 amend section 4758 of the revibed statutes of Ohio. Section 1. Be it enacted by the Oeherai Aseembly of the State of Ohioj That section 4758 of the revised statutes of Ohio be and the same is hereby amended so as to read as follows : - Section 4758. The county commissioners of any county, when they become satisfied that the public interest of their county demand and justify special action for the improve- ment of the roads therein, may appoint three disinterested freeholders of their county as commissioners to view, survey, and locate one or more roads, beginning at and leading from the county seat of the county, or such other and eligible points as may be deemed proper, and running bv such direct and eligible route as they may find best for the public conven- ience, and terminating at any point within or at the county line, but they are not authorized or required to construct or maintain any such road within the corporate limits of the town or citv where the county geat is located, when, ac- cording to the last federal census, more than one thousand inhabitants are contained in such corporate limits, and for the purpose of improving the streets in such town or city, so much of the tax collected therein for turnpike purposes 299 as, in the judgment of the 'county cotnmissionensy may be necessary for that purpose shall be paid over to the treasur- er thereof, to be expended in improving the streets of such town or city. Sbc. 2.. That said original section four thousand seven hundred and fifty-eight be and the same is hereby repealed, and this act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker ef the Souse of RepresfntativeB. R. G. RICHARDS, President pro tem, of the SerMte. Passed April 16, 1880. [Senate Bill No. 212.] AN ACT To anthorixe oertain townshipH to buiid railroada, and to lease or oper- ate the same; [lANIRR township, PREBLE COUNTY.] Section 1. Beit enacted by the Oeneral Assembly of the State of Ofdoy That whenever iu any township which, by the federal census of 1870, had and which by any subsequent federal cen- sus may have, a population of sixteen hundred and thirty- four, the township trustees thereof shall, on the petition of not less than twenty-five resident tax-payers of such township^ pass a resolution declaring it to be essential to the interests of such township that a line of railway shall be constructed on the line to be designated in snid petition, and said rail- way shall be named in said resolution, and the termini thereof shall be designated therein, and not to exceed five miles in length. It shall be lawful for a board of trustees, appointed as herein provided, and they are hereby authorized to borrow as a fund for that purpoee,'not to exceed the sum of thirty- five thousand dollars, and to issue bonds therefor, in the name of said township, bearing interest at a rate not exceeding six per centum, payable semi-annually; said bond to be payable at such times and places, and in such sums as shall be deenied best by said board. Said bonds shall be signed and sealed by the president of said board, and attested by the clerk of such township, who shall keep a register of the same, and they shall be secured by a pledge of the faith of such township, and a tax which it shall be the duty of the trustees thereof, annually, to levy (which tax shall not exceed two and one-half mills on the dollar in any one year) to pay the interest and provide a sinking fund for the final redemption of eaid bonds : and provided, that no money shall be bor- rowed or bonds issued until after the question of provid- ing the line of railway specified in said resolution shall 300 be submitted to a vote of tbe qualified electors of such town- ship, at at a special election to be ordered by tbe township trustees thereof, of which not less than twenty days notice shall be given by posting up notices at not less than five of the most public places in such township, and by publish- ing for three successive weeks such notice, in a newspaper , printed in the county, wherein such township is located, and of general circulation in such township: further pro- vided, two- thirds of s^id electors voting at such election shall decide in favor of such line of railway. The returns of said election shall be made to the clerk of said township, and by him laid before the township trustees, who shall de- clare the result by resolution The bonds issued under the authority of this section shall not be sold or disposed of for less than their par value. Sec. 2. If a majority ol the votes cast at said election shall be in favor of the construction of the line of railway, as specified in the first section, it shall be the duty of the town- ship trustees to nominate five trustees who shall be electors and freeholders of said township, to be called the trustees of railway (the blank to be tilled with the name of the railroad as given in tbe aforesaid resolution), and the same nominations shall be forthwith presented to the judge of the court of common pleas presiding in said county, for his approval or rejection ; and in case of his rejecting any of the persons named, then other nominations shall be made in like manner until said board is filled, and when said board shall be full the said judge shall make an order indorsing such appointment on the minutes of the court of which he is judge. He shall also designate the amourtt of bond to be given by the trustees, each bond to be several, and conditioned for the faithful perlormance of his duties as such trustee ; said bond shall be signed by not less than three sureties, and shall be approved by the clerk of said court, and be signed in duplicates; one copy to be filed with the clerk of said court, and the other with the treasurer of said township ; said trustees shall, before enter- ing upon the discharge of their duties, each take an oath of office that they will faithfully and honestly discharge the duties of their office. Sec. 3. The said board of trustees and tneir successors shall be the trustees of said fund, and shall have the control and disbursement of the same. They shall expend said fund in procuring the right to construct, and in construct- ing a railway with all the proper appendages, and, if deemed necessary, a line of telegraph between the termini specified in said resolution, and for the purpose aforesaid, shall have the power and capacity to make contracts, appoint, em- ploy, and pay ofidcers and agents; and to acquire, hold, and pos- sess all the necessary real and personal property and fran- chises. They shall also have power to receive donations of land, money, bonds, and other pergonal property, ^nd to die- 301 pose of the same in aid of said fund. The said trustees shall have the right to bring, maintalD, ana defend all actions, and to sue and be sued, plpad and be impleaded, touching the said trust and tru3t property in their own names, as such trustees, in any of the courts of this state or elsewhere. They shall elect a treasurer, whose duty it shall be to draw from the treasurer of the county all of said trust funds upon the order of the said trustees, and the said treasurer shall give bond in such suni as said tru>t^es shall designate, which bond shall be siorn^d by at least three sureties, and shall be approved by at lenst four-fifths of said trustees. Sec. 4. The said trustees shall form a board, and shall choose one of their numWer president, who shall also be the acting trustee, with such powers as th^ baard may, by resolu- tion, from timf? to time, c»nfer upon him. A majority of said trusteesshallconstitut h quorum, and shall hold regular meet- ings for the transacMon of husinessat their regular office in the township under whosH action they are appointed ; but they may adjourn, from time to time, to meet at any place they may think proper. They shall keep a record of their proce*^dings, and cause to be kepr. a full and accurate account of their dis- bursements, and make a report of the sirae to the township clerk, whenever requested so to do by the township trus- tees. No money shall be drawn fromsaid fund but upon the order of said board except their own compensation, which shall be paid out of the same upon the recommendation of the township trustees, 'by rf solution duly adopted and allowed by the court appointing them. Sec. 5. Said trustees shall hive power to take such se- curity from any officer, agent, or contractor chosen, or ap- pointed, or employed by them, as they shall deem ndvis- able. They shall not become surety for any such officer, agent, or contractor, or be interested, directly or indirectly, in any contract concerning said railway. They shall be re- sponsible onlv for their own acts. Sec. 6. Whenever the tf)wn8hip trustees, or any one of them, of any township under whose action a board of trus- tees has been appointed as herein provided, shall have rea- son to believe that any one or more of said trustees has failed in the faithful performance of Yi}Q trust, it shall be the duty of such township trustees to apply to the then judge of the court of common pleas by petition, alleging such misconduct, and praying that he or they be removed, and that such vacaucy be ordered to be filled in the manner heretofore provided for; and if the said township trustees shall fail, upon the written request of not less than five resident taxpayers, or upon the request of any of the householders of said township then, in that case, such tax- payers or bondholders may file such petitioli for like relief in the court of common pleas of said county ; and if the court, upon hearing said petition, shall adjudge in favor of such plaintiff, it shall remove such trustee or trush 302 tees, and any vacancy from this, or any cause, resignation, death, or removal, shall be filled in the manner heretofore provided for. Sec. 7. Whenever in the construction of a line of rail- way, as hexein provided, it shall be necessary to appropriate land for the foundation of the abutments or pier of any bridge across any stream, or for any other purpose, or to ap- propriate any rights or franchisee, proceedings shall be com- menced and conducted in accordance with the laws in foroe at the time for the appropriation of such private property for the use of corporations, except that the oath and verdict of the jury and judgment of the court shall be so varied as to suit the case. Sec. 8. Whenever there shall be between the termini designated in any resolution pa^spd under this act, a railroad already partially constructed, or right of way acquired therefor, which can be adopted as parts • f the line provided for in said resolution, the trustees of said line may purchase or lease the Faid railroad or right of way, and pay for the same out of the trust fund. Sec 9. Whenever in the construction of a line of rail- way, as herein provided, the s^id board J trustees shall find it necf esary to use or oc( upy any street, alley, or other pub- lic way, space, or gmund, or any part thereof, of any incor- porated village in said township, proceedings shall be com- menced and conducted in accordance with the laws in force at the time for the appropriation of such rights or easements by street railway corporations, except that the oath and ver- dict of the jury, and the judgment of the court, shall be so varied as to suit the case. Sec. 10. (^n the final completion of any line of railway constiucted under the provisions of this act, the board of trustees shall have power to lease the same to any person or persons, or company, as will conform to the terms and con ditions which shall be fixed and provided by the trustees of the township by which the lin** of railway is owned. Sec. 11. That the truf-te* s of any township described in this act may, after trustees have been appointed, as provided in this act, advance to said trustees, out of any funds of said township, such sum ^s is necessary, not exceeding five hun- dred dollars, for carrying the object for which they were ap- pointed into efiect, and said sum shall be repaid out of the trust fund provided for in this act when raised. Sec. 12. Deeds and contracts may be made, and proceed- ings for appropriations and actions rx^j be commenced either in the name of such township providing the line of railway, or in the name of the trustees of railway (filling the blank with the name given to the railway in the resolution), and said proceedings may be commenced and conducted, either in the court of common pleas or pro- bate court, as in cases of appropriation for the use of muni- cipal corporations. 303 Sko. 13. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives, R. G. RICHARDS, President pro tern, of the Senate. Passed April 16, 1880. / LSouateBillNo 12] AN ACT To auibDd sectiun 4U77 ot ihtf revibt-d BiainUs of Ohio, in relation to the lioie of oouiuieiicing actioiiH. (Revised Btalutes, p&ge 1211 ) • Section 1. Beit enacted by the Oenerai Assembly of the StaJte of Ohio. That Fectiun 4977 of the revised statutes of the state of Ohio be so araeodr d as to read as follows : Section 4977. An action for the recovery of the title or Action to re- possession of lands, t nements, or hereditaments can only be ^ti^'um- brought within twenty-one ye«r8 after the cause of such Uedto action accrues; and wheuever the legal title to any lands twenty-one rimainf d in the government of the United States, or of this y®»™- state, at the time of adverse possession taken, an action can only be brought to recover the title or possession thereof within twenty one yeurs after the plaintiff, or those through Limitation whom the plaintiff claims, first became, or was during iBUch '^here legal adverse possession the owner of the equitable title to sue n .^^nedin lands, or entitled to demand and receive a patent or deed United therefor, and so much of this section as relates to lands, tene- States or ments, or hereditaments, the legal title to which remained State of Ohio in the government at the time ot adverse possession taken, J|dve^ poe- shali apply to casts in which such adverse possession was sesaion taken, and such title or interes't acquired before the passage taken, of this act, as well as to cases hereafter occurring, anything contained in section four thousand nine hundred and seventy- four of this chapter to the contrary notwithstanding. But if, in any such case, the period of twenty-one years hereixi mentioned has already ezpiied, or will have expired within six months after the passage of this act, then, m such case, such action may be brought within six months after the passage of this act, and at no other time thereafter. Sec. 2. That said original section 4977 be and the same ' is hereby repealed, and that tilis act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives, R./G. RICHARDS, President pro iem, of the Senate, Passed April 16, 1880. 304 [Senate Bill No. 219.] AN ACT To aathorize Qertalii townahl^ t^ baild railroads, and to leaae or operate the aame. [miLTON township, ASHLAND COUNTY.] Section 1. Be it enacted by the Oeneral Assemfdy of the State of Ohio, That whenever in any township, which by the federal census of 1870 had, and which by aay subsequent federal cen- sus may have, a popilation of twelve hundred and forty, the township trustees thereof shill on the petition of not less that twenty-five resident tax- payers of such town ship, pass a resolution declaring it lo be es.-eniial to the interest of such township that a lineof railway 8hall be con- structed on the line to oe designated in said petition, and said railway shall be named in said resolution, and the ter- ^ mini thereof shall be designat^d therein, and not to exceed four miles in length, it shall be lawful for a board uf trus- tees appointed a-* herein provided, ani they are hereby authorized to borrow as a fund for that purpose, not to ex- ceed the Slim of sixteen thousand d>llars, and to issue bonds therefor, in the name of ^aid township, bearing in- terest at a rate not exceeding six per centum, payable semi- annually, said bonds to be payable ar. such times and places, and in such sums as shall be deemed best by raid lx)ard. Said bonds shall be signed and se^hd by the president of said board, and attested by the ckrk of Fuch township, who shall keep a register of the same, and ihey shall be secured by a pledge of the faith of huch township, and a tax which it shall be the duty of the trustees thereof, annually, to levy (which tax shall not exceed twnandonehalf mills on the dol- lar in any one year), to pay the interet^t and provide a sinking fund for the final redemption of Siid bonds: aod provided, that no money shall be borrowed on bonds issued until after the question of providing the line of railway specified in said resolution shall be submitted to a vote of the qualified electors of such township, at a special election to be ordered by the township truiitees thereof, of which not less than twenty days' notice shall be given by pt sting up notices at not less than five of the most public places in such township, and by publishing, for three successive weeks, tuch notice in a newspaper printed in the county wherein such township is locattd, and of general circulation in such township: further provided, a majority of said electors, voting at such election, shall decide in favor of such line of railway. The returns of sa^d election shall be made to the clerk of said township, and by him laid before the township trustees, who shall de- clare the result by resolution. The bonds issued under the authority of this section shall not be sold or disposed of for less than their par value. Sec. 2. If a majority of the votes cast at said election 305 shall be in favor of the construction of the line of railway, as specified in the first section, it shall be the duty of the town- ship trustees to nominate five trustees, who shall be electors and freeholders of said township, to be called the trustees of railway (the blank to be filled with the name of tbe railroad as given in the aforesaid resolution), and the same nominations shall be forthwith presented to the judge of the court of common pleas presiding in said county for his approval or rej»!ction, and in case of his rejecting any of the persons named, then other nominations shall be made in like manner until said board is filkd, and when said board shall be full, the said judge shall make an oider indorsing such appointment on tbe mi*nutcs of the court of which he is judgA * be shall also designate the amount of bond to be given by the trustees, each bond to be several, and conditioned for the fnith'ul performance of his duties as such trustee; said bond shall be signed by not less than three sureties, and shall be approved by the clerk of said court, and be signed in du pli- cate, one copy to be filed with the clerk of said court and the other with the treasurer of said township. Said trustees shall, before entering upon the discharge of their duties, each take an oath of office, that they will laithfully and hon- estly discharge the duties of their office. Sec. 3. The said board of trustees and their successors shall be the trustees of said fund, and s^hall have the control and disbursement of the same. They shall expend said fund in procuring the right to construct, and in constructing a railway, with all the proper appendages, and, if deemed necessary, a line of telegraph between the termini specified in said resolution, and for the purpose aforeeaid, shall have the power and capacity to make contracts, appoint, employ, and pay officers and agents, and to acquire, hold, and possess all the necessary real and personal property and francaises. They shall also have power to receive donations of land, money, bonds, and other personal property, and to dispose of the same in aid of said fund. The said trustees shall have the right to bring, maintain, and defend all actions, and to sue and be sued, plead and be impleaded, touching the said trust and trust property in their own names as such trustees, in any of the courts of this state or elsewhere; they shall elect a treasurer, whose duty it shall be to draw from the treas- urer of the county all of said trust funds upon the order of said trustees, and the said treasurer shall give bond in such sum as said trustees shall designate, which bond shall be signed by at least three sureties, and shiall be approved by at least iour-fifths of said trustees Sec 4. The said trustees shall form a board, and shall choose one of their number presidenv, who shall also be the acting trustee, with -uch powers as the board may, by reso- lution, from time to time, confer upon him. A majority of said trustees shall constitute a quorum, and shall hold regu- 20 306 lar meetings for the transaction of business, at their regular office in the township under whose action they are appointed, but they may adjourn, from time to time, to meet xt any place they may think proper. They shall keep a record of their proceedings, and cause to be kept a full and accurate account of their disbursements, and make a report of the same to the township clerk, whenever requested so to do by a resolution of the township trustees. No money shall oe drawn from said fund but upon the order of said board, ex- cept their own compensation, which shall be paid out of the same upon the recommendation of the township trustees, by resolution, duly adoptee^ and allowed by the court appoint- ing them. Sec. 5. Paid trustees shall have power to take such security from any ofBcer, agent, or contractor chosen, or appointed, or employed by them as they shall deem advisable. They shall not become surety for any such officer, agent, or con- tractor, or be interestea, directly or indirectly, in any con- tract concerning said railway. They shall be responsible only for their own aets. 8ec. 6. Whenever the township trustees, or any one of them, of any township under whose action a boara of trus- tees has been appointed, as herein provided, shall have rloa- son to believe that any one or more of said trustees has failed in the faithful performance of his trust, it shall be the duty of such township trustees to apply to the then judge of the court of common pleas, by petition, alleging such misconduct, and praying that he or they be removed, and that such vacancy be ordered to be filled in the manner heretofore provided for, and if the said township trustees shall fail, upon the written request of not less than five resident tax- payers, or upon the request of any of the householders of said township, then, in that case, such tax-payers or bondholders may file such petition, for like relief, in the court of common pleas of said county; and if the court, upon hearing said petition, shall adjudge in favor of such plaintiff, it shall remove such trus- tee or trustees, and any vacancy from this or any cause, resignation, death, or removal, shall be filled in the manner heretofore provided for. Skc. 7. Whenever, in the construction of a line of rail- way, as herein provided, it shall be necessary to appropriate land for the foundation of the abutments or pier of any bridge across any stream, or for any other purpose, or to ap- propriate any rights or franchises, proceedings shall be com- menced and conducted in accordance with the laws in force at the time for the appropriation of such private property for the use of corporations, except that the oath ana verdict of the jury and judgment of the court shall be so varied as to suit the case. Skc. 8. Whenever there shall be, between the termini designated in any resolution passed under this act, a railroad already partially constructed, or right of way acquired there- 307 for, which can be adopted as parte of the line provided for in said repolution, the trustees of said line may purchase or lease the said railroad, or right of way, and pay for the same out of the trust fund. B£C. 9. Whenever, in the construction of a line of rail- way, as herein provided, the said board of trustees shall find it necessary to use or occupy any street, alley, or other pub- lic way, space, or ground, or any part thereof of any incor- porated village in said township, proceedings shall oe com- menced and conducted in accordance with the laws in force at the time for the appropriation of such rights or easements by street railway corporations, except that the oath and verdict of the jury and the judgment of the court shall be 80 varied as to suit the case. Sec. 10. On the final completion of any line of railway, constructed under the provisions of this act,' thjB board of trustees shall have power to lease the same to any person or Sersons, or company, as will conform to the terms and con- itions which snail be fixed and provided by the trustees of the township by which the line of railway is owned. Sec. 11. That the trustees of any township described in this act may, after trustees have been appointed, as pro- vided in this act, advance to said trustees, out of any funds of said township, s«:ch sum as is necessary, not exceeding five hundred dollars, for carrying the object for which they were appointed into effect, and said sum shall be repaid out of the trust fund provided for in this act, when raised. Sec 12. Deeds and contracts may be made, and proceed- ings for appropriations and actions may be commenced, either in the name of such township providing the line of railway, or in the name of the trustees of railway (filling the blank with tbe name given to the railway in the resolution), and said proceedings may be commenced and conducted, either in the court of common pleas or probate court, as in cases of appropriation for the use of municipal corporations. Sec. 13. This act shall take effect and be in force from and after its passage. TH03. A. COWGILL, Speaker of the House of Repnsentatives. R. G. RICHARDS, Preiident pro tern, of the Senate, Passed April 16, 1880. - . [Seoat^BillNo. 210.] AN ACT To am«Dd seolion 5963 of the revised statatef. 4 Section 1. Be U enaded by the Oeneral A$eefMy of the 8Me of Ohio^ That section 5963 of the revised statutes be bo amended as to read as follows ^ ■^ V « 1 308 Citfttionto widow to mftke her election of dower. ' Section 5963. If any provision be made for a widow, in the will of her husband, it shall be the duty of the probate judp:e, forthwith after the probate of such will, to is'^ue a citation to such widow to appear and make election, whether she will take such provision, or be endowed of the lands of her said husband and take her distributive share of his personal estate ; and said election shall be made within one year from the date of the service of the citation afore- said : provided, that if a proceeding to contest the validity of any will be commenced within said year, said widow shall be entitUd to make such election within three months after such proceedings shall have been finally disposed of, sustain- ing such will ; but she shall not be entitled to both, unless it plainly appears by the will to have been the intention that she should have such provision in addition to her dower and distributive share. Sec. 2. That said original section 5963 be and the same is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its passage.' JOHN A. WILLIAMSON, Speaker pro tern, of the House of R^vreeentativea. R G. RICHARDS, President pro tern, of the Senate. Passed April 17, 1880. [Senate Bill No. 118.] AN ACT To authorize the board of pablio works to enlarge a onWert in Harrison township, Pickaway oonaty. Section 1. Be it enojctei by the OenercU Aesembly of the State of Ohio, That the board of public works be and they are hereby authorized, if, in their opinion, the interests of the state demand, to enlarge the culvert under the Ohio canal, north of Millport, in Harrison township, Pickaway county, known as " Mud Run culvert," to suflScient capacity to carry oflf accumulated water, and prevent the overflow of adjoining lands. Sec. 2. That said board of public works may let the whole or any part of said work, by contract, to the lowest responsible bidder, or cause the same to be done, under com- petent supervision, as they may beem best for the interests of the state. Sec. 3. To enable the board of public works to carry into effect the provisions of this act, any sum of money to exceed nine hundred dollars is herebv appropriated, to be drawn from the general revenue fund upon the certificate of said board. 309 Ssc. 4. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, Prerident pro tern, of the Senate. Pasaed April 17, 1880. LHoase Bill No. 445.] AN ACT To provide for the relief of disabled firemen in. cities of the second grade of the first class. LCLEVELAND "1 Section 1. Be it enacted by the Oenerai Assembly of the Staie of Ohio, That the county treasurers of counties containing a city of the second grade of the first class shall, semi-annually, at the time of their semi-annual settlement with the auditors of their respective counties pay over to the treasurer of such city one-fourth of the amount which such city isentitled, under his annual levy, to receive of all the taxes paid into the treas- uries of their respective counties by foreign insurance com- panies on their gross receipts, under the provisions of section twenty-seven hundred and forty -five of the revised statutes, during the half year preceding such semi-annual settlement, the money so paid over to the city treasurers to be by them held and distributed as hereinafter provided. ' Sec. 2. The mayor and board of fire commissioners of such city shall constitute and be a board for the distribution of said fund, to be called the board of trustees of the tire- man's relief fund ; and said board shall have power to ap- point a secretary, at such compensation as may be approved Dv the city council of such city, and to be paid as a member 01 the fire department * and said board shall keep a full record of all its proceedings, and may adopt such rules and regulations for its own action as it may deem just and reasonable. Sec. 3. When, in the judgment of said board, a sufficient fund has been paid over to the city treasurer to* justify the application thereof to the purpose provided for in this act, then if any member of the fire aepartment of such city shall, while in the actual performance of his duty as such member, and, without fault of his own, become permanently disabled, so as to render necessary his retirement from membership in the department, said board may authorize the payment to such disabled member, annually, of a sum not exceeding six hundred dollars ; or if any, member of the fire department, while in the actual performance of his duty as such member, shall be killed by any casualty not arising from his own fault or negligence, and shall die leaving a widow, or, if no widow, a minor child or children under sixteen years of age, or widowed mother who depended upon him for support, said / 310 board may authorize payment to such widow, or to the ^ar- dian of such minor child or children, or to such widowed mother, annually, such sum as, in their judgment, said board shalldeem proper, taking intoaccount the pecuniary condition of such fireman and his surviving family, not exceeding six bundrf-d dollars per annum. The payments herein provided for shall be made at such times and for so long a period as said board may determine : provided, that nothing herein contained shall rend.r the payment of any sum or amount which may be ordered paid obligatory on said board, or chargeable upon it as a legal right; but before any payment is made said board may, at any time, in its discretion, reduce said amount ordered to be paid, or order that the same shall not be paid. 8eo. 4. It shall be the duty of said board to hear and de- cide upon the application for the beneBt of such fund ; and in all cases in which said board shall decide to grant relief from said fund, the Same shall be approved by a majority of said board ; and the secretary shall be and is hereby author- ized to draw a warrant upon the city treasurer, to be coun- tersigned by at least two members of the board, for any amount so ordered to be paid; but before any warrant therefor is paid by the city treasurer, there shall be filed with him by the secretary of said board a certified copy of the order of said board directing such payment. Sec. 5. This act shall take effect and be in force from and after its passage. JOHN A. WILLIAMSON, Speaker pro tern, of the IL.use of Representatives. R. G. RICHARDS, PredderU pro tern, of the Senate. Passed April 17, 1880. [HooM Bill No. 4!)9 ] AN ACT To authorize the final adjastment of olainie of the state of Ohio against * the general government. flettlffBLODt Section 1. Beit enacted by the General Assembly of the State 2^Jj^"* specified in the first section, it shall be the duty of the town- • ship trustees to nominate five trustees, who shall be electors and freeholders of said township to be called the trustees of railway (the blank to be filled with the name of the rail- road, OS given in the aforesaid resolution), and the same nomi- nations ehall be forthwith piesented to the judge of the court of common pleas pref^idrng in said county for his approval or rejection, and in case of his rejecting any of the persons named, then other nominations shall be made in like man- ner until said board is filled; and when said board shall be full, the said judge shall make an oider indorsing such ap- pointment on the minutes ot the court of which he is judge ; he shall also designate the amount of bond to be given by the trustees, each bond to be several, and conditioned for the faithful performance of his duties as such trustee ; said bond shall be signed by not less than three sureties, and shall be approved by the clerk*of said court, and be signed in dupii- cate,;one copy to be filed with the clerk of said court and the' other with the treasurer of said township ; said trustees shall, before entering upon the discharge of their duties, each take an oath of ofhce that they will faithfully and honestly dis- charge the duties of their office. Sec. 3. The said board of trustees and their successors shall be the trustees of said fund, and shall have the control and disbursement of the same. They shall expend said fund in procuring the right to construct and in constructing a railway, with all the "proper appendages, arid, if deemed necessary, a line of telegraph between the termini specified in said resolution, and, for the purpose aforesaid, shall have the power and capacity to make contracts, appoint, employ, and pay oihctrs and agents, and to acquire, bold, and pos- sess all the necessary real and personal propertv and fran- chises. They shall also have power to receive donations of land, money, bonds, and other personal property, and to dis- Eose of the same in aid of said fund. The said trustees shall ave the right to bring, maintain, and defend all actions, and to sue and be sued, plead and be impleaded, touching the said trust and trust property, in their own names, as such trustees, in any of the courts of this state, or elsewhere; they shall electa treasurer, w^ose duty it shall be to draw from the treasurer of the county all of said trust funds; and the said treasurer shall give bond in such sum as such trustees shall designate, which bond shall be signed by at least three sureties, and shall be approved by at least four-fiiths of said trustees. Sec. 4. The said trustees shall form a board, and shall choose one of their number president, who shall also be the acting trustee, with such powers as the board may, by reso- lution, from time to time, confer upon him. A majority of said trustees shall constitute a quorum, and shall hold regu- lar meetings for the trdnsaction of business, at their regu- 316 lar office in the township under whose action they are ap- pointed, but they may adjourn, from time to time, to meet at any place they may think proper. They shall keep a record of their proceedings, and cause to be kept a full and accurate account of their disbursements, and make a report of the same to the township clerk whenever requested to do 80 by a resolution of the township trustees. No money shall be drawn from said fund but upon the order of said board, except their own compensation, which shall be paid out of the same upon the recommendation of the township trustees, by resolution duly adopted, and allowed by the court ap- pointing them. Sec. 5. Said trustees shall have power to take such security from any officer, agent, or contractor chosen, or appointed, or employed by them as they shall deem advis- able. They shall not become surety for any such officer, agent, or contractor, or be interested, directly or indirectly, in any contract concerning said railway. They shall be responsible only for their own acts. Sec. 6. Whenever the township trustees, or any one of them, of any township under whose action a board of trustees has been appointed, as herein provided, shall have reason to believe that any one or more of said trustees has failed in the faithful performance of his trust, it shall be the duty of such township trustees to apply to the then judge of the court of common pleas, by petition, alleging such misconduct, and praying that he or they be removed, and that such vacancy may be filled in the manner heretofore provided for ; and if the said town- ship trustees shall fail, upon the written request of not less than five resident tax-payers, or upon the request of any of the house-holders of said township, then, in that case, such taxpayers or bondholders may file -such petition, for like relief, in the court of common pleas of said county ; and if the court, upon hearing said petition, shall adjudge in favor of such plaintifif, it shall remove such trustee or trustees ; and any vacancv, from this or any cause, resignation, death, or removal, shall be filled in the manner heretofore providea for. Sec. 7. Whenever, in the construction of a line of railway, as herein provided, it shall be necessary to appropriate land for the foundation of the abutments or pier of any bridge across any stream, or for any other purpose, or to appropriate any rights or franchises, proceedings shall be commenced and conducted in accordance with the laws in force at the time for the appropriation of such private property for the use of corporations, except that the oath and verdict of the jury, and judgment of the court, shall be bo varied as to suit the case. Sec. 8. Whenever there shall be, between the termini designated in any resolution passed under this act, a rail- road already partially constructed, or right of way acquired therefor, which can be adopted as parts of the line provided 316 for in said resolution, the trustees of said line may purchase or lease the said railroad, or right of way, and pay for the same out of the trust fund. Sec. 9. Whenever, in the construction of a line of railway, as herein provided, the said board of trustees shall find it necessary to use or occupy any street, alley, or other public way, spiace, or ground, or any part thereof of any incorpor- ated village in said township, proceedings shall be com- menced and conducted in accordance i^ith the laws in force at the time for the appropriation of such rights or easements by street railway corporations, except that the oath and ver- dict of the jury and the judgment of the court shall be so varied as to suit the case. Sec. 10. On the final completion of any line of railway, constructed under the provisions of this act, the board of trustees shall have power to lease the same to any person or persons, or company, as will conform to the terms and condi- tions which shall be fixed and provided by the trustees of the township by which the line'of railway is o^ned. Sbc. 11. That the trustees of any township described in this act may, alter trustees have been appointed, as pro- vided in this act, advance to s^id trustees, out of any funds of said tow'nship, such sum as is necessary, not exceeding five hundred dollars, for carrying tne object for which they were appointed into effect, and said sum shall ue repaid out of the trust fund provided for in this act when raided. Sec. 12. Deeds and contracts may be made, and proceed- ings for appropriations and actions may be commenced, either in the name of such township providing the line of railway, or in the name of the trustees of railway (filling the blank with the name given to the railway in the resolution), and said proceedings may be commenced and conducted, either in the court of common pleas or probate court, as in cases of appropriation for the use of municipal corporations. Sec. 13. This act shall take efiect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RepreseTUativea. R. G. RICHARDS, President pro tern, of the Senate. Passed April 17, 1880. [Senate BiU No. 225.] AN ACT To ftmeod section 8059 of the revised statates of Ohio. (Appendix.) Section 1. Beit enacted by the Oeneral Assembly of the State of Ohio, That section 8059 of the revised statutes of Ohio be amended so as to read as follows : Section 8059. That in the case of an agreement for the purchase of said roads, between the county commissioners 317 and the duly authorized representatives of said toll road if the corn- corporations (provided the price for the same shall not ex- miaaioDerB ceed, in any case, the appraisement of any such toll roads), »°ond8*owned by said city, and held to the credit of the " water supply fund," upon the best terms possible, and to apply the proceeds thereof to the payment of the purcnase price of a steam fire engine, tl^ construction of a fire (larm telegraph, the alteration of an engine house, the purchase of the other necessary appliances of a paid horse fire department for said city, and the construction of fire cisterns therein : provided, that whenever the amount of said proceeds shall be required for the use of said ^' water supply fund '' the said council are required and authorized to borrow an amount equal thereto to re-im- burse the said *' water supply fund," and to issue ihe bonds of said city therefor, payable at such times, not exceediug three years from their date, as said council may determine, to bear interest at a rate not exceeding six per cent, per annum, payable semi-annually, and to be sold at not less than their par value; and said council shall have power to levy a sufficient tax on the property within said city to pay said bonds, and the interest thereon, as the same shall become due. Sec. 2. That this act shall take efiect and be in force from and after its passage. THOS. A. COWGILL, S^ker of the House of RepreserUativeB. R. G. RICHARDS, PreMentpro tem, of the Senate. Passed Peljruary 26^ 188a [House Bin No. 167.] AN ACT To authorise the board of edaoation of the Tillage school distrlot of the incorporated village of Washington, Gnerneeyconnty, Ohio, co isene bonds to obtain money to pay the existing debt of said school district, incnrrad in fhmishing the rooms in the school building, and to levy a tax to pay said bonds. Section 1. Beil tnexted by the Oeneral Auembly of the State of Ohio^ That the board of education^of the Washington village school district, in Wash- ington, Guernsey county, Ohio, and the territory annexed thereto for sehool purposes, be and they are hereby authorized to issue bonds, not exceeding in amount five hundred dollars ($500), to raise money to pay an existing debt incurred in furnishing the school building in said dis- triA ; said bonds to be signed by the president and clerk of said board of education, and to be in sums of not less than fifty dollars ($50) nor more than one hundred dollars ($100) bearin^^ interest at a rate not exceeding six (6) per cent, per annum, the principal and interest of said bonds to be payable as said board of education may direct, not exceeding three years Irom the time of issuing the same : provided, the said bonds shall not be sold for less than their par value. 8£0. 2. That, for the purpose of paying said bonds and the interest thereon, as the same may become due, the said biard of eduqation' is hereby authorized and empowered to levy a tax on the taxable property 325 of said village 6chtx>l district of Washington, Guernsey county, Ohio, and the territory annexed thereto for school purposes, not to exceed two mills in such amounts, annually, commencing in the year eighteen hun- dred and eighty (1880), as will be sufficient to pay the principal and in- terest of said bonds as they may become due in each year, as said board of education shall determine. Sec 3. This act shall take jsffect on its passage. THOS. A. COWQILL, Speaker of the House of RepresentojUves, R. G. RICHARDS, PreBiderU pro tern. oftfu> SenaU, Passed February 26, 1880. [Senate BiU No. 3d.] AN ACT To amend aeotion one of " an act to amend section one of an act to authorize the oom- mtneionere of Montgomery county to erect a hnUding to contain court rooms, coun1>y offices, and for other purposes, passed and tcok effect February 10, 1870," passed and took effect May 2, 1671 (Ohio Laws, v. 67, p. 117, and v^ 68, p. 197). Whereas, The commissioners of Montgomery county, in accordance with the provisions of section one of the above named act, passed May 2, 1871, proceeded in the month of August, 1879, to adopt a plan for such building as in that act provided for court purposes, and to makei a con- tract with an architect pursuant to law to prepare such plan, with the necessary detailed drawings, specifications, and estimates for such build- ing, the coet of which was to be upon the plan adopted within the amount limited by said act, to-wit : one hundred thousand dollars, which said plans, drawings, and specifications have been completed according to said contract ; and Whereas, Further, since said plans, drawings, and specifications have been completed, the cost bf material and labor has greatly advanced, necessitating a corresponding increase in the estimates ; and Whereas, The lowest bids received for the furnishing of the material and the performance of the work required in the construction of such proposed new court-house, at a letting duly advertised pursuant to law. mak6 it necessary to authorize the said county commissioners to exceea the amount as limited by the said act to enable them to erect said court- house; therefore. Section 1. Be it enacted by the General Assembly of the State of OfdOy That section one of said act of May 2, 1871, be so amended as to read as follows : Section 1. That the commissioners of Montgomery county be and tney are hereby empowered to erect a court-house of such dimensions and material as they may deem best for the interests of the county, upon the lot next north of the present court-house, in the city of Dayton, at a cost not to exceed one hundred and seventy-five thousand dollars. Sec. 2. That section one of the act passed May 2, 1871, be and the same is hereby repealed. Sec. 8. This act shall take effect and be in force from and after its pas- sage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS. President pro tern, of tAe Senate. Passed March 4, 1880. \ 326 . [Senate Bill No. 41.] AN ACT For the relief of Ezeklei Arnold. Whereas, On the eixth day of October, 1879, the house of Ezekiel Arnold, who was then treasurer of Franklin township, Adams county, Ohio,' was totally destroyed by fire, and tl|e whole of the contents of said house, including money and notes belonging to said Arnold, as well as five hundred and fifteen dollars ($516) of the school funds of said Frank- lin township, which were then in said house, and as safely deposited therein as practicable, were burned and wholly lost, and it appearing that said firo and consequent loss was without any fault on the part of said Arnold; and • Whereas, A large number of i the voters and taxpayers of said Franklin township have petitioned this general assembly for the passage of an act for the relief of said Ezekiel Arnold, treasurer as aforesaia; therefore, Section 1. Bt it enacted by the General Assembly of the State of OhiOj That the township trustees of Franklin township, Adams county, Ohio, are hereby authorized to levy upon the taxable property of said township a sum sufficient to raise the net sum of five hundred and fifteen dollars, and certify the same as other taxes; and the sum so raised 'shall be ap- plied to reimburse said Arnold for such sums as he may have advanced of his own money to make good said loss, and to supply the deficiency in the school funds of Franklin township by reason of said loss, and to release said Ezekiel Arnold and his sureties of his official bond as treas- urer of said township from liability arising from such loss. Seo. 2. The trustees of said township are hereby authorized and re- quired to submit the question of making the levy and furnishing the relief provided for in tHe preceding section, to the qualified electors of said township, at a special election, not later than twenty days after the passage of this act, of which at least ten dayjs' notice shall be given by posting notices in not less than three public places in said township. The voters at such election shall have placed upon their ballots, ^* For re- lief — yes,'' or, **For relief — no;" and if a majority of the votes cast at such election ehall be for relief, the levy shall be made and relief fur- nished, as provided in section one. Sec. 8. This act to take efiect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives, R. G. RICHARDS, President pro tern, of the Senaie, Passed March 5, 1880. [House Bill No. 136.] AN ACT To authorize the tmetees of Middlebnrgh township, Cayahoga eoanty, to porchase a farm for poor purposes. Section 1. Be it enacted by the General Assembly of the Stale of Ohio^ That the*trustees of Middleburgh township, Cuyahoga county, be aad they are hereby empowered to purchase a farm, and erect and repair, suitable 327 buildings thereon at a an expense not to exceed seven thousand dollars, for poor purposes ; and to provide means for the purchase of such farm they may issue bonds in sums of not less than one hundred, nor more than five hundred dollars, to be signed by the trustees, to bear six {>er cent, interest, payable annually. Said bonds shall not be sold for ess than their par value, and shall be paid ofi to the. amount of not less than one thousand dollars each year, until all are paid. The trustees are authorized to levy a tax on the taxable property of said township each year, in addition to the amount already allowed by law for poor purposes, sufficient to pay the bonds as they niature, and the interest as it falls due provided, that before said bonds are issued or purchase shall be made, the question shall be submitted to the people of the township at an an- nual township election held after the passage of this act, and after due notice shall have been given ; and if a majority of the votes cast at said election shall be in favor of a tax to be levied for such purpose, then said trustees shall be fully authorized to proceed as before stated, and the voter shall have placed upon his ticket, '' Tax for farm for poor purposes — yes," or " Tax for farm for poor purposes — no." Sec. 2. This act shall take effect from and after its passage. THOS. A. COWGILL, Speaker of the House of RfpreaentativeB. fi. G. RICHARDS, President pro tern, of the Senate, Passed March 6, 1880. [S«&ate BUI No. 58.] AN ACT ■Supplementary to an act entitled " an act to anthorize the commisaioners of QneniMy connty to build a court-house,^ passed March 26, ld79 (O. L., vol. 76, p. 223). Section 1. Be it enacted by the General Assembly of the State of Ohio, That the board of county commissioners of Guernsey county be and they are hereby authorized to levy a special tax upon the property of said county, not exceeding the sum of thirty-five thousand dollars, in addition to the amount already authorized by the act aforesaid, for the purpose of ena- bling the board of county commissioners to build a court-house of such character and quality as the interests of the people of said county re- quire, and that they proceed to make the same upon the terms and in the manner already set forth in sections two, three, and four of the act afore- said. Sec. 2. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, President pro tern, of the Senate. Passed March 6, 1880. J I 328 [Senate Bill No. 83.] AN ACT To aathorize the oomraissioDers of Brown connty to oonBtmct certain free tnmpike ToadH. Section 1. Be it enacted by the General Aaaembly of the StcUe of Ohio, That the commissioners of Brown county, Ohio, be and they are hereby author- ized to construct the following free turnpike roads : First road — ^To begin at the terminus of the Ripley arid Bradysville free turnpike road, and running oiu the line of the old road, as near as may be practicable, to intersect the Maysville and Zaneeville turnpike road. Second road — To begin at the Ripley and Hillsboro free turnpike road at the old wheat house, near the foot of Dicken's hill ; thence with the county road up Red Oak creek to Jolly's old mill ; thence across Red Oak creek, and up the creek to the mouth of a branch to the south-east corner of James Henry's land ; thence up said branch to the county road, and with said county road to intersect the Ripley and Arnheim free turn- pike road at the residence of S. P. Tweed. Third road — To begin at the Mather's old toll-gate, on the Ripley and Hillsboro free turnpike road, runnins: east on the old road, as near as may be practicable, to the bridge across Eagle creek, near Neal's store. Fourth road — Beginning at a point on the Higginspor't and Straight creek free turnpike road, near Sink creek schooL house ; thence with the Sink creek road, as near as may be practicable, passing the Free Soil church, to a cross road ; thence with the road leading to the Ripley and Georgetown free turnpike road, making an intersection with said free turnpike road near Olive chapel. Fifth road — Beginning at che Russelville and Georgetown free turn- pike road at the New Light church, in Russell ville; and thence on the most practicable route to intersect the Arnheim and Ripley free turnpike road at some point between Levi Dunn's residence and the village of Arnheim. Sixth road — Beginning at the Ripley^and Hillsboro free turnpike road at Jacob Hughes's residence, and running east on the old State road, in- tersecting the Decatur and Russelville free turnpike road near Draper's mill dam. Seventh road— Beginning at a point near Jacob Bowers on the Ripley and Bradysville free turnpike road; thence with' the Aberdeen road, as near as may be practicable, to three-mile bridge, and thence to Aberdeen. Eighth road — To begin near the mouth of Laflferty's run, in Union township, and running up said run to the Ripley and Decatur road ; thence in a westerly direction to the Ripley and Hillsboro free turnpike road, near the residence of McGibona. Ninth road — Beginning at a point in the Higginsport and Feesburg free turnpike road near the colored school-house, and residence of Samuel Maranda ; thence on the line of the Augusta and Newmarket road, pass- ing the residences of George Love, B. B. Gardener, James Waterfield, Ellis's school- house, John Ellis, J. M. Gardner, to the residence of Samuel Cochran ; thence on the moat practicable route to Georgetown. Tenth road — Beginning at the Ripley and Hillsboro free turnpike road near the residence of Mrs. M. J. Early ; thence west, as near as may be practicable, on the line of the Decatur and Georgetown road, to the farm of George M. Work ; thence through the farm of said Work to a ravine on the farm of James Evans ; thence down said ravine through the farm 329 of W. S. Mann, and through the farm of James Jamison, to connect with the Ripley and Arnheim free turnpike road at the nearest practicable point south of the Straight creek bridge, near Moore's mill. Eleventh road — Beginning at the Georgetown and Bethel free turnpike road, at the old Redmond hotel, in Hamersville ; thence north, follow- ing the county road as near as may be practicable, passing at or near Neal's store, and on to Salem station, and to intersect the old Chillicothe road at the Sterling township election house. Twelfth road — Commencing at a point in the Ripley and Hillsboro turnpike road, near the Red Oak poet-office; thence west, following the county road as near as practicable to the lands of William Leggitt, cross- ing Leggitt and Abbott's land south of the Red Oak church ; thence on the line of said Leggitt and Abbott ; theiice on the line of D. Dixon and J. Mann to a point in the Ripley and Arnheim free turnpike road, near i Dixon's suhool-house. Thirteenth road — Commencing at White Oak station, on the Cincin- nati and Eastern railroad, running west on the line of the old road, as near as may be practicable, to connect with the Greorgetown and Fay- etteville free turnpike road, at the junction of the Williamsburgh free turnpike road, in the village of Mt. Orab. Fourteenth road — Commencing in the villf^e of Feesburg ; thence over the old Bethel road to near the lane of W. JT Thompson ; thence to the line of James Hannah and W. J. Thompson, near the lane of said Han- nah; thence on the lines of said Thompson, Hannah, and R. E. Poe, to the county line in Brownsville. fifteenth road—Commencing at Wahl's cross-roads, on the Georgetown and New Hope free turnpike road, and running through White Oak valley te the White Oak valley bridge. Sixteenth road— Commencing at the Fayetteville and Cincinnati turnpike, at the bridge across East Fork of Little Miami river, at or near the village of Fayetteville, running north-west on the old road leading to Blanchester, and ending at the Clinton countv line. Seventeenth road — Commencing at the village of Greenbush, on the Georgetown and Fayetteville free turnpike rofui, running east to the Highland county line, ending at or near John Brown's. Eighteenth road — Commencing at Stephenson's mill, crossing west fork of Eagle creek, near the mill ; thence up the west fork to Melvin's hollow, and thence up the west fork to Melvin's hollow, and thence up the hollow to Eli Davidson's, to where it intersects the Ripley and Decatur free turnpike road. Nineteenth road — Commencing at Neal's store, running down Eagle creek, to connect with the Ripley and Bradysville free turnpike road, at the bridge near Alexander Martin's; said road to run on the north side of tlagle creek, on the line of the old road as near as may be practicable. Twentieth road —Commencing at a point on the Fayetteville and Dod- senville free turnpike road, opposite H. W. Murray's, running south to the Fayetteville and Danville roads ; thence east on line of saia Fayette- ville and Danville road to the Highland county line. \ Twenty -first road— Commencing at the Georgetown and Fayetteville road, Benton school-house, running in a north-east direction, to intersect the Buford and New Hope road at White Oak creek ; thence north on the Buford road to the Highland county line, at or near the residence of B. White. Sec. 2. That said county commissioners may, if they deem it best, issue bonds for the construction of said roads : provided, said bonds shall • I N 330 bear interest at the rate of six per cent, per annum, payable annually, and shall not be sold for less than their par value : provided further, that not more than twenty per centum of the cost of tiaid improvement shall be assessed in any one year. Sec. 3. That said commissioners shall, before proceeding to construct said roads, or anv one, or parts of same, recjuire and secure from those in- terested in said improvements a subscription or donation equal in amount to twenty per centum of the cost of said improvements to aid in the construction of the same ; of, in lieu thereof, may cause those in- terested in said improvements to grade and culvert said roads or parts of roads ready for the material for the same. Sec. 4. That for the purpjose of paying said bonds, the county com- missioners are hereby authoriaied to levy and assess a tax not exceeding one mill on the dollar, annually, on any and all property in said county, excepting such lands as heretofore have been assessed for the construc- tion of any free turnpike or improved road or roads already constructed, unless the amount that would be ratably levied upon the said lands shall exceed the amount of such assessment. Sec. 5. That a majority of said board of commissioners shall, at a reg- ular sesbion, be necessary to agree upon specifications and order said improvement or any part thereof. Sec. 6. This act shall be in force and take effect from and after its passage. THOS. A. COWGILL, Speaker of the House of RepressnUUivea. R. G. RICHARDS, President pro tern, of the Senate, Passed March 6, 1880. LSeoHto BiU No. 54.] AN ACT Aathonziog the organization of an independent Gatling gun battery in the city of Cleveland. Section 1. Be it enacted by the General Assembly of the State of Ohio^ That the citizens of Cleveland are hereby authorized to organize, arm, and equip an independent Gatling gun battery of not less than twenty nor more than fifty acting members, who shall sign a written agreement to be subject to all calls of the mayor in case of insurrections or riot, or when there is reasonable apprehension thereof, which written agreement shall be deposited with the mayor of such city. Sec. 2. Contributing members, not exceeding two for each acting member, may be received and enrolled in such battery. Such contribut- ing members shall be subject to such contributions, dues, and services as may be prescribed by the code of regulations and by-laws of such bat- tery ; but the dues of such contributing members shall in no case be less than fifteen dollars each per annum. Sec 3. The acting and contributing members of such battery shall be entitled to all the privileges and exemptions allowed members of the Ohio national guard, and the acting members thereof, who sign such agreement, shall, for neglecting or refusing to respond to any call of the mayor, be subjected to the same fines and penalties as members of the ] 331 Ohio national guard for like offences when called into ' service by the governor. All persons who enlist in such battery as acting members at any time, shall sign an agreement as provided in the first section of this act ; and such battery shall be kept up to a miniirum of at least twenty acting members: provided, that such battery shall re- ' ceive no pay or allowance from the state for camp duty, transportation, or for any other purpose. Sec. 4. Whenever there is a riot or insurrection in such city, and whenever there is reasonable apprehension thereof, the mayor of. such city may call out such battery to aid the civil authorities in suppressing such riot or insurrection, or in preventing the same; and when so called out, such battery shall be subject to the orders of such mayor. Sec. 5. Any independent battery heretofore organized in such city may be brought within the provisions of this act, and entitled to all the. privileges and exemptions, and subject to all the penalties provided^ in this act, by the acting members of such battery signing and depositing with the mayor a written agreement, as specified in section one of this act. Sec. 6. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the Hovjse of Representatives. R. G. RICHARDS, President pro tern, of the Senate. Passed March •a, 1880. t House BiU No. 122/) AN ACT To authorize the'coramiMionATS of Ymn Wert oonnty to issae bonds for the redemption of other bonds. Section 1. Beit enacted by the General Assembly of the State of Ohio, That the commissioners of Van Wert county, for the purpose of raising money to redeem the bonds of said Van Wert county, issued under the act of April 18, 1874, entitled '^ an act to authorize the commissioners of Van Wert county to build a court-house," and now outstanding, be and they are hereby authorized to issue the bonds of said county, not exceeding ninety two thousand dollars, the amount of said outstanding bonds. Such bonds shall be payable at such times and such places as the com- missioners of said county may determine, but no part thereof shall be payable at a later date than December 15, 1890. Sec 2. Said bonds shall be issued and signed by tlie commissioners, and countersigned by the auditor, who shall Keep and preserve a record of each bond so issued in a book provided for that purpose, and they shall bear interest at a rate not exceeding six per centum per annum, payable semi-annually. Sec 3. Said bonds shall be issued in sums of not less than one hun- dred dollars, and have such coupons or interest bearing warrants attached, as the commissioners may direct, which shall be made nego- tiable and tranpferable ; and it is further provided, that no bonds issued under the provisions of this act ahall be sold for lees than their par vaiue. Sec. 4. The commissioners of said <20unty shall, annually, at their June session, levy such amount of taxeB«as will pay the interest on such 332 indebtedness and such part of the principal as may become due from year to year, and so continue until such indebtedness is entirely dis- charged. No part of the moneys raised by such levy shall be used for any other purpose than the payment of saia bonds and interest ; and no part of the moneys received from the sale of bonds. authorized to be is- sued by this act shall be used for any other purpose than the redemption of said bonds for which such new issue is made. Sec. 5. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the Home of RepresentaHves. R. G. RICHARDS, PresidefU pro tern, of the Senate. . Passed March 9, 1880. [House BUI No. 200. J AN ACT To authorize the tnutees of BerUn township, Erie county, to levy a tax to macadamize a certain road in Berlin township. Section 1. Be it enacted by the General Assembly of the State of Ohio^ That the trustees of Berlin township, in the county of Erie, be and are hereby authorized to macadamize the road in district number nine, in said Ber- lin township, commencing at the south side of the Lake Shore and Michi- gan Southern railway track, in the village of Cevlon, and terminating at the intersection of the Florence and Huron road, in the village of Ber- lin Heights in said township, at a cost not exceeding six thousand dollars. Sec. 2. The contract for macadamizing said Towi shall' be let to the lowest bidder, upon estimates and specifications made by a competent engineer, and in accordance with the general laws in force for contracts in other cases : provided, a notice shall be published, for three consecu- tive weeks, i^n some newspaper of general circulation in said township, of the time and place of letting such contract. Sec. 3. In order to provide the funds for said road improvement, said board of trustees are hereby authorized to levy a tax each year for the years 1880, 1881, 1882, and 1883, of not more than two mills on the dollar in addi- tionto the amount now authorized by law, all moneys to be drawn from the county treasury upon an order of the county auditor ; the board of trus- tees of said township first certifying to the county auditor that the work on said road was done to their satisfaction, before said order shall be drawn on the county treasurer. Sec. 4. No contract shall be let for said road improvement, nor debt incurred on account thereof, until the propriety of the same shall have been submitted to the electors of said township at a general or special election, to be held at the usual place of holding elections in said-town- ship, and at such time as the majority of the trustees of said township may determine by resolution, placed upon their minutes, which election shall be advertised by notices posted in five conspicuous places in the township, designating the time and the proposition to levy; if a majority of the electors at said election vote in favor of such propo- sition it shall be deemed carried ; said election shall be conducted in ac- cordance with the laws of the s^ate so far as applicable, and the returns 333 thereof shall be filed with the township clerk, and the result declared by him ; those in favor of said road improvement at said election shall have upon their ballots, *' Road Improvement — Yes," and those opposing the same, the word ** No." Sec. 6. This act shall take effect and be in force from and after its passage. > THOS. A. COWQILL, Speaker of the House of Representatives. R. G. RICHARDS, President pro tern, of the Senate. Passed March 9, 1880. [HoQse Bm No. 40.] AN ACT To snthorise the creation of a special school district in Dinsmore township, Shelby county. Section 1. Beit enacted by ths General AssenMy of the State of Ohio, That the territory now embraced in sub-school district number one (1) of the township of Dinsmore and county of Shelbjr, and described as follows, to-wit : the north half of section number one, the south-west quarter of section number one, the northwest fourth of the south-east quarter of section number one, the north half of section number two, the south-east quarter of section number two, the northeast quarter of section number three, the west half of the north-east quarter of section number eleven, in town seven south ranse six, east; also, the east half of bection num- ber thir;y-four, the east half of the west half of section number thirty- four, section number thirty- five, section number thirti^-six, in town six south range six, east, be and the same is hereby created and declared to constitute a special school district by the name of Rhine special school distffdct. Skc. 2. The electors of said special school district shall, on the second Monday in April, elect three members of the board of education, one for one year, one for two years, and one for three ^ears, from the third Monday of April next thereafter, who shall hold their offices for the term therein specified, and until their successors are elected and qualified. The said special school district shall be entitled to all of the school property with' in such territory, and the title thereto is vested in the board of education of said Rhine special school district. Sec. 3. The said special school district shall be entitled to and shall receive their proportionate share of the school funds and the funds levied for school-house and incidental expenses, in accordance with the enum- eration of 1879 of children who are entitled to attend schools, said funds being those now collected or already levied and not collected, either in the county or township treasury. Sec. 4. Said district shall be governed in all respects by such laws as now are, or may hereafter be in lorce relating to special school districts. Sec. 5. This act shall take effect and be in force from and after its passase. ' THOS. A. COWGILL, Speaker of the Hdute of BepreamkUme. R. Q. RICHARDS, v Paased March 9, 1880. PretidetU pro torn. ofOe SenaU, 334 [House Bill No. 85«] ANACt To Antliori2e the ootnmissionera of Pike county to build a bridge across tbe Scioto river, at Piketon, and to issae bonds to pay for the same. Section 1. Be U enacted by the General Assembly cf the StaJte of Ohio, That when a sum sufficient to build the approaches to a bridge across the Scioto river, at Piketon, is subscribed and secured to be paid, it shall be the duty of the commissioners of Pike county to build a bridge across the Scioto river, at the above named point, and for the purpose of raising sufficient money and means to construct the said bridge, the commission- ers may issue the bonds of said county, in sums not less than one hun- dred nor more than five hundred dollars, and not to exceed in amount the sum of ten thousand dollars ; said bonds to bear a rate of interest not exceeding six per cent., and to become due at such dates and times from the issue thereof, as may be deemed best, not to exceed four years, and not to be disposed of at less than their par value ; and said comimiBsion- ers are authorized to levy a tax, at any regular session of said board, to pay said bonds and the interest thereon as the same become due. Sec. 2. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of ihe House of RepreserUoHves. R. G. RICHARDS, ' President pro tern* of the SknaU. Parsed March 9, 1880. [HoQse Biil No. 211.] ANACT To authorise the trostees of Margaretta township, £rie coanty, to transfer funds from cemetery fnnd to township fancL. Section 1. Beit enacted by the OenercU Assembly of the State of Ohio, That the trustees of Margaretta township, Erie county, be and are hereby au- thorized to transfer from the cemetery fund to the township fund the sum of two hundred and twenty-three dollars and seventy-four cents. Sec. 2. This act shall take effect and be in force on and after its passage. Passed March 9, 1880. THOS. A. COWGILL, Speaker of the House of Representatives* R. G,. RIQH ARDS, President pro tern, of ihe Senate. [Honse Bill No. 139.] ANACT To attiend sections one and two of an act entitled "an act to anthorUe the commis* sioners of Scioto connty to purchase toll road and levy tax to pay for same," passed March 26, 1879. ^ Section 1. Be it enacted by the General Assembly of the StaJte of Ohio, That section one of the above recited act be so amended as to read as follows : 335 Section 1. Il'hat the commissioners of 8ciot6 county are hereby atl" thorized to purchase that portion of the rortsmouth and Columbus turn-* pike lying and being in said county of Scioto, at a price not to exceed eight thousand dollars (98,000), and surrender, to the company owning said road, the stock and accrued dividends thereon of said county there- in; and in payment therefor, said county commissioners are hereby authorized to issue the bonds lof said county, signed by said commision* ers , and countersigned by the auditor of said county, not to ^exceed in aggregate amount the sum of eight thousand dollars ($8,000), bearing a rate of interest not to exceed six per centum per annum, payable semi- annually, and surrender to said company the stock and accrued divi- dends thereon of said county remaining uncollected. S£G« 2. That section two of said above recited act be so amended as to read as follows : v Section 2, For the redemption of said bonds, as they respectively become due, and the payment for said turnpike, the said county com- missioners are hereby authorized to levy a yearly tax upon all the tax- able property of Scioto county, not to exceed five-tenths of one mill on the dollar thereof. Sec. 3. That said original sections one and two be and they are hereby repealed. Sxc. 4. That this act shall take efifect and be in force from and after its passage^ • THOS. A. COWQILL, Speaker of the House of Representatives. R. G. RICHARDS, President pro tern, of the 8enai44 Passed March 9, 1880. ■ ■ iiiiinii \tnT- II ^Tl■ll-| — «i [Hoase Bill No. 185.] AN ACT To authorize the transfer of any fands, not to esceed eighteen hundred dollars, that may remain in the treasury of the oonnty of WiUiams arising from tax on dogs. Section 1. Be it enacted by the General Assembly of the State of Ohioj Thai any surplus funds arising from the tax on doss, not to exceed eighteen hundred dollars, remaining in the treasury of the county of Williams after all damages to sheep killed or injured by dogs shall have been paidj shall be transferred to the infirmary fund of said county^ SsG. 2. This act shall be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of R€presentatives4 R. G. RICHARDS, President pro tern, of the Senate* Passed March 9, 1880. 'i — — * — - " [Senate fiiU No< 98.] AN ACT For the relief of W. C. Byersdorfer and sureties of Union township. Brown oonnty, Ohio* Whbbbas, On the — day of July, A.D. 1876, the bank of J. Reynolds & Co., in Ripley, Brown county, Ohio, failed in a large amount ; and, Whebeab, W. C. Byersdorfer, township treasurer of tJnion township^ 336 in Brown county, Ohio, had, as epch treasurer, on deposit in said bank, at the time of said failure, the funds of said township to the amount of thirty-two hundred and eleven dollars and fifty-seven cents (13,211.57), upon which dividends amounting to fifty per cent, of above amount have been paid by the assignees of said J. Reynolds and J. Reynolds & Co., funds having been deposited in said bank by former township treas* urers for years previous to said failure ; therefore, Section 1. Be it ena/cted by the General AseenMy of the SkxJte of OAto, That said W. C. Byersdorfer and his bondsmen, except J. Reynolds and J. Reynolds <& Co., are hereby released from the payment and liability of said township funds: provided, at some special or general election held in said township, as the trustees thereof may determine, they shall sub- mit the question to the qualified voters thereof as to the release of said treasurer and his bondsmen, except J. Reynolds and J. Reynolds & Co., from said payment and liability, after having given notice of said sub- mission by publication of the same in each of the papers published ia said township for two consecutive weeks prior to said election, and that a majority of the voters, of said township voting on said question shall vote for the release of said treasurer and his bondsmen, except J. Rey- nolds and J. Revnolds <& Co. : and provided further, that said W. C. Byendorfer shall assign to said trustees his claim against the bank of J. Reynolds & Co., for or on account of the deposit of the township funds in said bank, and the parties and stockholaers thereof: provided further, that nothing herein shall be held or construed to release J. Rey- nolds or J. Reynolds & Co. for his or their liability for or on account of the loss of said funds so deposited. Sec. 2. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, SpeaJcer of the House of RepresetUativee. R. G. RICHARDS, President pro tern, of the 8mai$. Passed March 10, 1880. [Honse BUI No. 190.] AN ACT To divide Brovn township, Miami ootinty, Ohio, into two voting pieoinots* Section 1. Be it enacted by tie Oeneral Assembly of the Stale of Ohio, Hiat Brown township, Miami county, Ohio, be divided into two voting pre- cincts, by a line running north and south on the road which crosses the Piqua turnpike at the old toll-house. All that portion east of said line shall be known as Lena precinct, and that west shall be known as Fletcher precinct, and the voting places shall be at Lena and Fletcher respectively. Sec 2. This act shall take effect and be in force on and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, President pro tern, of the Senate. Passed March 11, 1880. 337 [Hoose Bill No. 164.] • AN ACT To enable the YillAge of Qainoy, in Logan county, to appropri ite money for the improye> ment of said Tillage. Section 1. Be it enacted by the General AuenMy of the State of OhiOy That the council of the village of Qaincy, in Logan county, Ohio, be and are hereby authorized, by a vote of a majority of ita members, to appropriate not exceeding one hundred dollars to erect a depot within said village. Sec. 2. This act to take effect from and after its passage. TH08. A. COWGILL, Speaker of the House of SepreeerUatinee. R G. RICHARDS, Ih^eident pro tem, of the Senate, Passed March 11, 1880. [Honae BUI No. 101.] AN ACT To establish a high sohool district in Sycamore and Springfield townships, Hamilton county, Ohio. Section i . Beit enacted by the Oeneral As»enMv of the State of Ohio, That the territory comprised in the special school districts of Sharon, Runyon, and Evandale, in Sycamore township, Hamilton county, Ohio, and of the school district known as Kemper's, in Sycamore and Springfield townships, in said county, and* also known as ^' number three," be and is hereby declared to be a special high school district, to be known as the *^ Sharon high school district :" provided, however, that before this act can be put in forc^ a majority of the electors residing within said terri- tory shall vote in favor of said special school district, at an election to be held in the manner following : Sec. 2. That written notices shall be posted in three of the most pub- lic places in each school district in said territory, at least ten days be- fore said election, signed by at least five resident electors of each district, requesting the qualified electors thereof to assemble in the school-house in each of said school districts on a day, at an hour and place designated in said notices, then and there to vote for or asainst the creation of said high school district. The electors assembled at the time and places designated in said notices shall each appoint from their number three electors to act as judges, and two clerks, who shall conduct said election, which shall continue for at least fi?e hours, and shall not close before six o'clock P.M. That the clerks of each of said elections, to be held under the provisions of this act, shall, within five davs from the date of holding said elections, deliver to the towiisiii^ clerk oi Sycamore [township], in said county, a certified copy of the toll-book and tally-sneets ol said elec- tions, who is hereby authorized to canvass the same and notify the chairman of each of the boards of districts named in this act of the re- sult of said elections. The electorsJn favor of said high school districjt shall have written or printed on in^r ballots the words, '' High sohool district — yes," and those opposed thereto the words, " High school dis- trict — no ;" and if a majority of the ballots so cast are in favor of 9aid high school district, it shall be created ; otherwise not. 22 338 Sec. 3. That, should a majority of the ballots so cast be in favor of said high school district, the members of t,he boards of directors and of education ol the several school districts composing said high school dis- trict shall constitute the board of education of said high school district ; and said board last named suali be governed by, anU the school under Its control shall be conducted in accordance witn, the provisions of this act and the general laws of mis state relating to public schools, as far as said laws are applicable. 2Sec. 4. That i^aid board last mention ^:d shall establish and maintain a high school, which shall be located in the village of Sharon, in said territory, lo wHich school the youth of school age of said high school district shall be admitted Iree of charge, and to which pupils non-resi- dents of said district may be admitted upon such terms as the board thereof may prescribe, as provided by the laws aforesaid. fiiKC. 5. That said board shall, as boon as practi(^able, procure, by lease or purchase, as may seem most expedient to said boaid, a site in said village lor said school, and to erect thereon, if necessary, and to furnish a school-hoube in which to conduct said kchool,at a total cost, for site and furnished house complete, ot not more tnan twelve thousand dollars ; lor which purpose baid board are hereby authorized to borrow money, in amount not exceeding said bUm, and to issue bonds thelrelor. Said bonds snail be m such sums, not less than one hundred dollars each, as such board shall determine; bhall be numbered consecutively; shall bear in- terest at a rate not to exceed six per cent, per annum, payable aniiually ; shall be dated the day the purcnase money theretor snail be received; snail be made payable lo bearer; shall be signed by the president and clerk 01 baid board othcially, and shall not be sold lor less than their par value. The clerk ol said uuard shall keep a record ot the number, date, amount, rate of interest, the price for wliich sold, the name ol the pur- chaser, and the time lor payment oi each bond bold,, which record shall be open lor inspection at all reasonable times. Sec 5. Tnat at least five huiidred dollars, and not more than one thousand dollars, of the principal, in addition to all the interest due on the entire principal, shall be paid each year; and in order to secure the money lor ihe payment ot baid indebtedness, said board shall levy a tax upon the property subject to taxation within said high school aistrict, each year, until said iudebtedness snail be entirely paid, and shall certify said levy annually to the county auditor, who shall place the same upon tne tax duplicate m the same manner as other taxes certified by boards ot education are required to be placed tbereon. , S£C. 7. That, tor the purpose ol conducting and maintaining said hign scnool, said board shall annually levy a tax, not exceeding five mills on the dollar, upon the property suoject to taxation within said district last named, wnich tax shall be certitied and placed upon the tax duplicate m tne same manner as the tax specihed m section six (6) of this act ; and the tax mentioned in this and in the preceding section of this act shall be collected and paid over to the officers and persons enti- tled tnereto, in the same manner as are other taxes levied and certified by boards ol education. Sec 6. That any school district adjacent to said territory may become a part of said high scnool district, upon such tenns and conditions as the board oi education of said high school district, and the board of directorb, or of education, as may be, ot said adjacent district may agree to, if said terms and conditions shall be ratified by a majority ol tne electors ol said high 339 school district, and by a majority of the electors of such adjacent district, at an election to be held between the hoars of two and six o'clock P.M. of a day agreed upon by said board^ at a polling place within said high school district, to be designated by the board thereof, and at a place in said adjacent district to be designated by the board thereof, as follows : S£C. 9. That written or printed notices, containing the terms and conditions aforesaid, and specifying tht» time and respective places of holding said election, and signed officially by the clerk of the high school or adjacent district, as may be, in which said notices are to be used, shall be po;jted at least ten days belore said election, in at least three of the most public places in each special or sub-district interested, requesting the electors of said districts to meet at the time and respective places mentioned, then and there to vote for or against the ratification of said union of districts upon the designated terms and conditions. The elec- tors in favor of said union shall have written or printed on their ballots the words, *' Ratify — yes," and those opposed, the words, ** Ratify — no." Immediately after the close of eaid election, the judges inereot shall count the ballots cast, and make return of the result, in writing, in form, as near as may be, the same as in other school elections, to the clerk of each board mentioned in section eight (8) hereof; and one of the judges shall deliver said returns in person on or before the day of the meeting mentioned in the next section ot this act. Sec. lO. That, on the Monday next following said election, the two boards mentioned in section eight shall each hold a meetings at which said returns shall be read, and the result of said election, as shown by said returns, shall be entered in the minutes of said meeting. If a major- ityi^of the votes cast in each of said districts mentioned in section eight shall have been in favor ot said union, the i?aid adjacent district shall be a part ot said high school district, subject to the terms and conditions afore- said. The clerJL of said high school district shall officially notify the county auditor of this fact, and the auditor shall act accordingly in all biti duties relating to said districts. 8EG. 11. That it is the intent and meaning of this act to confer upon the districts herein mentioned the benefits ot a high school in addition to the schools already existing therein ; out in no other way to affect the existence, rights, liabilities, or condition of said districts and of the schools therein. Sec. 12. That this act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the Houuse of RepresefrUaiii/oee. R. G. RICHARDS, Pre&dent pro tern, of the Senate. Passed March 11, 1880. [HoQ8i> BiU No. 141.] AN ACT To aathorive the trasteen of Ohio township, Clermont coanty, Ohio, to levy » tax, in Mddition lio that iio\^ aathoriied by l^w, for the piibyuient of bunded debt, and cost of erecting a township hall. SscTioN 1. Be it enacted by the General Aseembly of the State of Ohio, That the trustees of Ohio township, Clermont county, Ohio be and they are hereby authorized to levy a tax of not exceeding four mills on the doUar, 340 in any one year, of all the taxable property on the dnplicate of said township, for the payment of bonds issucKl and indebtedness incurred by said Ohio township m ereetii^ a township hall; said levy to be made annually until all said bonds and indebtedness are paid ; and the levy for said purpose to be placed on the tax duplicate and collected as other taxes, and the money raised by such levies shall only be used for the purposes named in this act. Sec. 2. This act shall take effect and be in force from and after its passage. TH08. A. COWGILL, Speaker of the Houae of RepreserUatives. R G. RICHARDS, PreMetU pro tern of the Senaie. Passed March 15, 1880. [House BiU No. 344.] AN ACT To ftothorise the commiBaioDers of Ottftwm oonntj to transfer oerlsin fKnda. Section 1. Be it enacted by the General Assembly of the State of Ohio^ That the commissioners of Ottawa county, Ohio, be and thev are hereby au- thorized to transfer from the additional road fund of said county the sum of two thousand dollars ($2,000) to the county fund of said county. Seo. 2. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Bepresentatives. R. G. RICHARDS, President pro tern, of the Senate. Passed March 15, 1880. [House Bill No. 248.] AN ACT To ftuthorlase the trustees of Chester township, Morrow oonnty, to Improre the towo hft'l of said township. Sbction 1. Be it enacted by the General Assembly of the State of Ohio, Thai the trustees of Chester township. Morrow county, are hereby authorized to make such additions and other improrements to the town hall in said township as they shall deem necessary and proper, at a cost not to exceed six hundred dollars ; and for that purpose they are authorized to expend the fund in the township treasury of said township, known as the '* railroad fund," or any other fund in said treasury not held for any spe- ciic purpose. Sec. 2. This act shall be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Bepresentatioes. R. G. RICHARDS, President pro tevn. of the Senate, Passed March 15, 1880. 341 [HonaeBm No. 384.] AN ACT To aathorize th9 traatees of Crawford township, Wyandot oonnty, to levy a tax to macadamize and improve the roads and highways in said township. Section 1. Be it enacted by the Qtneral Assembly of the State of OhiOy That the township trustees of Crawford township, in Wyandot county, be and they are hereby authorized to assess and levy upon the taxable property of said township a tax not exceeding five mills upon the dollar, in addi- tion to the amount of tax now authorized by law for each year for the term of ten years, beginning with the year A D. 1880, and ending with the year of A.D. 1889, for the purpose of macadamizing and improving the roads and highways in said township, and for no other purpose. Sec. 2. Said tax sd hereby authorized to be assessed and leviea shall be collected as other taxes upon the grand duplicate of the county, and shall be paid in money, and shall be a township road fund, under the exclusive supervision, control, and application of the trustees of said township, and to be by them applied in macadamizing and improving the roads in said township, as contemplated in section one of this act : provided, that before said trustees shall be authorized to levy any of said tax, they shall first submit the question of levying the same to the qualified voters of said township at a special or general election, by giving at least ten days' notice thereof by posting in ten of the most public places in said township, written or printed notices. The tickets to be voted at said election shall have written or printed thereon the words, '' Road im- provement — yes," or **Road improvement — no;" and if a majority of said tickets voted be in favor of said road improvement, then the said trus- tees may levy said tax as provided in section one of this act. Sec. 3. This act shall take effect and be in force from and after its passage. Passed March 16, 1880. THOS, A. COWQILL, Speaker of the House of Bqfresentativee^ R. G. RICHARDS, President pro tern, of the Senate* LHonse Bill No. 302.] AN ACT To amend section one (1) of an act entitled " an act to aathorise the creation of a spe- ciid school district in New Antioch and territory thereto annexed, fur school purposes, in Clinton connty,'' passed March 30, 1875. (Onio laws, vol. 72, page 228.) Section. 1. Be it enacted by the Oeneral Assembly of the Stale of Ohioy That section one (1) of the above recited act be so amended as to read as fol- lows: Section 1. That the territory comprised in sub-district number five (')), which includes the village of New Antioch and territory thereto annexed for school purposes, in Green township, Clinton county, be and the same is hereby created and declared to constitute a special school district, and provided that a majority of the electors residing within said territory shall vote in favor of saia special school district at an elec- tion to be held in the manner following: l« 342 Sec. 2. That the said original section one (1) be and is hereby re- SsG. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the Houae of RepreaerUcUives. R. G. RICHARDS, I^rerident pro tem. qf the Senate^ Passed March 16,. 1880. [House Bill No. 288.] AN ACT To authorize the Madison township afn^onltaral society, in the connty of Franklin, state of Ohio, to transfer certain funds to the school funds in said township. Section 1. Beit enacted by the General Aseem'jly of the State of Ohin^ That Madison township agricultural society, in the county of Franklin, is hereby authorized to transfer to the school fund, in said township, any unexpended funds now in the treasury of said agricultural society, amounting to the sum of three hundred and twenty dollars. Sj£C. 2. This act shall take effect from and after its passaffe. THOS. A. COWGILL, Speaker of the House of Repref^entativee, R. G. RICHARDS, *■ PreMent pro tern, of the Senate, Passed March 16, 1880. lHonseBUlNo.289.] AN ACT To authorize the township trustees of Cass township, Muskingum county, to levy a tax for purposes therein named. Section 1. Be it enacted by the General Assembly of the Stale of Ohio, That the towhship trustees of Cass township, Muskingum county, Ohio, be and they are hereby authorized to levy a tax of not exceeding thirty dollars, annually, on the taxable property of said township of Cass, to be levied and collected as other taxes are levied and collected, to pay a hand to open and close a draw-bridge, to be erected Dyj,the county com- missioners of said county, over the canal at Adams' mills, in said town- ship and for no other purpose. Sec. 2. This act shall take effect from and after its passage. THOS. A. COWGILL, Speaker of the House of BeprenentativeA, R. G. RICHARDS, President pro tern, of the Senate. Pa^ed March 16, 1880. k 343 [Senate Bill No. 29] ^ AN ACT To amend aeotion one of an act entitled "an a'^t to divide the towDship of Delh , in Hamilton connty, into two election precincts/' passed March 10, 1851« (O. L , y, 49, p. 153.) Section 1. Be it enacted by the Oenercd Assembly of the State of Ohio. That section one of the above entitled act be amended 8o as to read as follows : Section 1. That the township of Delhi, in the county of Hamilton, is hereby divided into three election precincts for all state, county, and township purposes, to be denominated and known as the easternr. the western, and the Home City precincts, of Delhi township; the boundary lines of said precincts to be as follows, to-wit : the said eastern precinct shall be all th tt part of Delhi township lying east of the line commenc- ing at a point on the Ohio river rn said township where the western line of fractional section sixteen (16) strikes said river, and running thence north on the west line of sections sixteen (16), seventeen (17), and eigh- teen (18), to the southern line of Green township in said county, save and excepting therefrom that part of said township which is included within the boundary lines of the incorporated village of Riverside. The said Home City prQcinct shall be all that pa t of Delhi township that now is, or that may a*, any time hereafter be, comprehended within the boundary lines of the incorporated village of Home City. The western precinct snail be all the femainder of said Delhi township not within the bounds of said village of Riverside, or of either said eastern or said Home City precinct. The place of holding elections in said eastern piecinct is hereby fixed at a school-house in school district number two in said township, or at some other suitable place on the Delhi, Industry, and Miami township road within said eastern precinct. The place of hold- ing elections in said Home City precinct shall be within Eaid village of said Home City, and at or near the usual place of holding the municipal elections of said village of Home City. The place of holding elections in said western precinct, is hereby fixed at the school-house known as the Indu^trv school- bouse, or at some other suitable place near thereto. Sec. 2. That said original section one (1) of the above recited act be and the same is hereby repealed. Sec. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, ; Speaker of the House of Reprtsentativea. R. G. RICHARDS, PertiderU pro tern of the Senate, Passed March 16, 1880. rSeoate Bill No. 49] AN ACT To authorize and rcqaire the oommissioDerB of GDernsey coaDty to transfer to thf town- ships of Beaver, Wayne, Seneca, and Ba£falo, of Noble county, certain portions of the stock of the Central Ohio railroad company, now held by Guernsey county. Section 1. Be it enacted by the General Assembly of the State of Ohio, That the commissioners of Guernsey county are authorized and are hereby re- quired to make a just and equitable aiyision of the stock of the Central M4 Ohio railroad company, together with the interest and dividends received thereon, now held by said Guernsey county, between said Guernsey county and the townships of Beaver, Wayne, Seneca, and Buffalo, of Noble county, said divisioa to be made upon the basis of the tax duplicate of Guernsey county for the years in which a tax was levied for railroad purposes. Sec. 2. This act to take eflect and be in force from and after its pas- sage. TH08. A. COWGILL, Speaker of the House of Representatives, R. G. RICHARDS, President pro tern, of the Senate. Passed March 17, 1880. [Ilonse Bill No. 175.] AN ACT To aathoriase the creation of a special Kchool district in Bloomfield township, Logan county, Ohio. Hbction 1. Be it enacted by the General Assembly of the State of Ohio^ That the territory in Bloomfield township, Logan county, be described as fol- lows : Commencing at the north* West corner of Bloomfield township, on the line between Logan and Shelby counties; thence east, on the north line of Bloomfield township, to the section line between section eight (8) and section nine (9) of said township; thence south, on the section line between said sections eight and nine of said township, to the section line between sections 16 and 17 ; thence south on the line between sec- tions 16 and 17, to the south-east corner of section 17 ; thence west, along the section line between sections 17 and 20, and sections 18 and 19, to the south-west corner of section 18; thence north, 80 rods; thence west, to the line between Logan and Shelby counties; thence north, on the county line, to the place of beginning, be and the same is hereby de- clared to be and constitute a special school district, to be known as the Wright school district. Sec. 2. The electors of said district shall proceed to elect three mem* bers of the board of education ; one for one year, one for two years, and one for three years, from the third Monday in April, 1880, who shall hold their office for the term specified, and until their successors are elected and qualified. Sec. 3. The said* special school district shall be entitled to all the school property within its territory, and the title thereto is hereby vested m the board of education of said special school district ; and the said special school district shall be entitled to and receive their propor- tionate share of the school funds, and the funds levied for school-house and incidental expenses, in accordance with the enumeration of 1879, of children who are entitled to attend school, said funds being those now collected or already levied and not collected, within the counties or town- ships, for the year 1879. Sec. 4. This act shall take effect and be in force from and after Its passage. THOS. A. COWGILL, .€lpeaker of the House of R^n'esentatives. R.G. RICHARDS, President pro tern, of the Senate Passed March 18, 1880. 345 [HoQse BiU No 161.] AN ACT For the relief of John Rainsherger, of Monroe township, Carroll oonntT*, Ohio. Whereas, John Rainsberger, of Monroe township. Carroll county, Ohio, advanced and paid out money to the amount (A five hundred dol- lars ($'00), by the authority and request of the citizens of said Monroe township, given and requested of him at divers public meetings and assemblies held in said township, for the purpose of raising money to pay bounties to volunteers to clear said townships from draft under the call (preceding the. last call) of the president of the United States, dur- inir the late rebellion ; and. Whereas, The said John Rainsberger has exhausted every effort in law to collect from citizens of said township said money paid out by him aforesaid, and failing to collect any part thereof ; therefore, Section 1. Beit enacted by the General Assembly ofthe State of Ohio, That the trustees of Monroe township, Carroll county, Ohio, be and they are hereby authorized and required to levy a tax on the taxable property of said Sfonroe township, for the year 1880, sufficient to pay sitid John Rainsberger the sum of five hundred (500) dollars, with interest from October 1, 1864, said amount of money having been advanced and paid out by said John Rainsberger by the authority and request of the citi- zens of said Monroe township, assembled at public meetings held at dif- ferent times and places in said township, for the purpose of raising money to pay bounties to volunteers to clear said township from draft, under call Tor volunteers by the president of the United States, during the late rebellion. Sec. 2. It shall be the duty of the trustees of said Monroe township to submit to the electors of paid township, on the first Monday of April, A.D. 1880, of which due notice shall be given by posting up notices in at least six difierent public places fifteen days prior to such election, the matter of said township indebtedness to said John Rainsberger, in the amount aforesaid ; and the vcters at said election^ in determining the aforementioned question, shall have written or printed on their ballots the words, ** Tax to pay John Rainsberger — yes ; " or, " Tax to pay John Rainsberger — no ;'' and if a majority of the votes cast for and against at said election on the question submitted as aforeeaid, shall be ^' Tax to pay John Rainsberger — yes," then the said-trustees shall assess, levy, and col- lect the tax aforesaid, and pay said amount to said John Rainsberger without unnecessary delay; otherwise, no such tax shall be levied or collected. Sec. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RepresentaUves. R. G. RICHARDS, President pro tern, of the Senate, Passed March 18, 1880. 346 [Senate Bill No. 158] AN ACT To provirlf^ for the iasniof? and payment of bondn by the oommisBioners of Stark connty, Ohio, to meet a deticienoy in the levy for ooanty fand in said coanty. Section 1. Beit enacted by the OenercU Assembly of the State of OhiOy That the commiFisioners of said county of Stark, for the purpose of meeting and providing for the aforesaid deficiency be and they are hereby au- thorized to issue bonds of said county for an amount not exceeding in the aggregate twenty-five thousand dollars ($25,000), payable at such times not beyond three years from their date, as to them may seem proper, and bearing interest at a rate not exceeding six per cent, per annum. Said bonds are not to be sold for less than their par value. Sec. 2. That for the purpose of providing for the payment of said bonds, and the accruing interest thereon, said commissioners are hereby authorized to add on the year 1880 to the levy now allowed by the gen- eral laws of the state for county purposes, not to exceed two tenths (2-10) of a mill on each dollar of taxable property in said county, and to add in the years 1881 and 1882 to the levy now allowed by the general laws of the state for county purposes, not to exceed four-tenths of a mill in each year on each dollar of taxable property in said county. Sec. 3. This act shall be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RfpresentaUves. R. G. RICHARDS, President pro tern, of the Sendte. Passed March 19, 1880 [House Bill No. 249.] AN ACT To anthorize the trnstees of the several towiiB>)ip8 of Knox coanty to levy a tax to im- prove the pablio roads. Section 1. Be it enacted by the General Assembly of the State of Ohio^ That the trustees of any township in Knox county are hereby authorized, upon the petition of a majority of the tax-payers of any road district, to levy a tax not to exceed, in any one year, six mills on each dollar of valua- tion of taxable property within the road district, for the purpose of grading, macadamizing, graveling, and otherwise improsring any of the public roads in such township and such road district. Sec. 2. The tax provided for in the first section of this act, charged against any person, may, upon the order of the trustees of the townships, be discharged by labor upon the public roads in each road district, within the time designated by the trustees, and at the rate per day to be designated by the trustees, under the direction of the supervisors of such district, who shall give to such person a certificate specifying the amount of tax so paid and the district and township wherein such labor was per- formed, which certificate shall in no case be given for a greater sum than the tax charged against such person; and the county treasurer shall re- ceive all such certificates as money in the discharge of said road tax. Sec. 3. The tax provided for in section one of this act shall, when i I I 347 collected, be applied to the improvement of the roads mentioned in the petition, and in making the kind of improvement therein asked for; Sec. 4. This act shall take effect from and after its papsa^e. THOS. A. COWGILL, Speaker of the HmuM of Repreaentatives, R. G. RICHARDS, President pro tern, of the SenaU. Passed March 25, 1880. [Senate Bill No. 62] AN ACT To anthorize the commiaBioners of Robs oonnty to constmot a certain free tnfnpike road. Section 1. Be it enficted by the Oenfrni Assembly of the State of Ohio, That the commissioners of Ross county be and thev are hereby authorized to con- struct a free turnpike road in said county, from the bridge over the Scioto river, near the city of Chillicothe, known as the *' Main street bridjre." along or near the line of the Chillicothe, Mooresville, and Adelphi road, to a point in Harrieon township, known as Charleston : provided, that not more than the sum of ten thousand dollars shall be expended by said commissioners thereon, and for the purpose of constructing said road said commissioners are authorized to isaue the bonds of said county, not exceeding the sum of ten thousand dollars, bearing interest at a rate not exceeding six per cent, per annum, payable semi-annually, and due not exceeding three years from the date thereof which shall not be sold^for less than their par value; and said commissioners are authorized to*levy upon the taxable property of said county a tax sufficient for the payment 01 said bonds and interest when the same shall become due. Said turn- pike road shall be constructed in accordance with'the provisions of sec- tions 4770, 4771. 4772, ind 4773 of the revised statutes of Ohio, 1880. Sec. 2. That this act shall take effect and be in[force from and after its passage. •■'^ THOS. A. COWGILL, Speaker of the House" of Representatives, R G. RICHARDS, President pro tern, of the Senate. Passed March 25, 1880. [Senate BiU No. 72.] AN ACT To divide the townfehtp of Greenyilley Darke ooonty, Ohio, into two election precincts. Section 1. Be it enacted by the OeneraX' Assembly of the State of OhiOy That the township of Greenville, Darke county, Ohio, be, and^ the same ^ is hereby divided into two election precincts, as follows : Sbc. 2. That the line dividing said township into such two precincts shall commence at the point on the north line^of said township, where the Greenville and Dallas road crosses saidline; thence south along' said road to Broadway street, Greenville, Ohio; thence down the center of 348 Broadway street to Martin street, in said town ; thence east on Martin street to the Dayton and Union railroad ; thence south on said railroad to the point where said railroad crosses the south line of said township. Sec. 8. That all that part of said township lying west of said dividing line shall be and is hereby constituted an election precinct, to be callea the western precinct of said township, and elections therein shall be held at the city hall building, in the town of Greenville, Ohio; and that part of said township lying east of said dividing line shall be and is hereby constituted an election precinct, to be called the eastern precinct of said township, and that the citv hall building shall be the place where the elections of said precincts shall be held. Sec. 4. This -act shall in nowise affect elections held in said Green- ville town for municipal purposes, or for the election of the officers for said corporation, or for the election of a school board for the special school district. Sec. 5. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL. Speaker of the Houf^e of Repretifntatives. R. G RICHARDS, - President pro tern, of ih9 Senate. Passed March — , 1880. rSenateBillNo. 90.] AN ACT To authorize the commissioDe' a of Belmont county to distribute between the Beveral townships thereof certain stocks in the Central Ohio railroad company, now held by said county. Section 1. Beit enacted by the General Assembly of the State of Ohio, That it shall be the duty of the commivssioners of Belmont county to make a just and equitable distribution of the stock now held by said county in the Central Ohio railroad company, between the several townships of said county, the distribution to be made upon the basis of the tax dupli- cate of said county, for the years in which a tax was levied for railroad purposes. Seo. 2. That whenever a majority of the voters of any of the afore- said townships shall so declare by their votes at any annual election, or at any election called for that purpose, the trustees of the township so voting are hereby authorized to sell the stock belonging to said town- ship and invest the same in any manner that may be designated bv said voters at such election ; that, upon the calling of any election for the purpose of determining the sale and re investment of said stock, notice shall be given by the trustees of the township by posting up notices of the same at five public places in said township, at least twenty days prior to said election. 0BC. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, President pro tern, of the SenaU. Passed March 26, 1880. 349 [Senate Bill No. 74 ] AN ACl' "" To ftatborise the coonoil of the incorporated village of Ashland, Ashland ooonty, Ohio, to iasne bonds. Section h Be it enacted by the OenercU Aaaembly of the State of Ohio, That tie council of the incorporated village of Ashland, Ashland county, Ohio, is hereby authorized to issue the bonds of said village, in a sum not ex- ceeding fourteen hundred dollars, and in denominations not less than one hundred dollars, nor greater than seven hundred dollars, each, and bearing a rate of interest not exceeding six per centum per annum, payable annually, and redeemable within two years from the date of their issue. Sec. 2. The said bonds shall be signed by the mayor and counter- signed by the clerk of said village, and shall not be sold at less than par, and the proceeds thereof shall be applied to the purchase of grounds upon which to erect an engine-house and town offices within said village. Sec. 3. That, for the purpose of paying said bonds and the interest thereon, as the same may become due, the council is hereby authorized and empowered to levy and aszsess a tax not exceeding one mill upon the dol- lar, of all the taxable property of said village, in addition to the amount already allowed by law, during the years 1880 and 1881, and the money so raised shall not be used for any other purpose than the paying of said bonds and the interest thereon. Sec. 4. That this act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the Houae of Bepregentaiivee, R. G. RICHARDS, PreMevU pro tern, of the SenaU. Passed March 25, 1880. [House BUI No. 317.] AN ACT To anthoriase the oommissionen of Franklin oonnty to oontinae a special tax. Section 1. BeU erutcted by the Cfeneral Auembly of the Sta$e of OhiOy That the commissioners of the Georgeville free turnpike, in Franklin county, be and they are hereby authorized to issue a bond of the denomination and amount of fifteen hundred dollars ($1,600), that said bond shall not bear a greater rate of interest than six per cent, per annum, and said bopd shall not be sold for lees than par ; the money so realized shall be applied, first, to the payment of a certain bond heretofore issued by said turnpike commissioners, in pursuance of law, and now past due ; and that any oalance remaining after paying said matured bond shall be applied and used by said commissioners in repairing said turnpike. Sec. 2. The bond issued under section one of this act shall be paid out of the special tax already levied for the purpose of paying the con^ struction bonds of said turnpike, or if such levy be not sufficient for said purpose, the commissioners of said county shall cause said levy to be 350 continued for one year, in addition to the time for which said levy has been made, aud ut such rale as may De necessary to raise said sum uf Ht- teen iiuuarea Uoiiars. b£c. '6. Tnis act shall take efiect and be in force from and after its passage. ' THOS. A. COWGILL, . Speaker of 1M Roust of ICeprmibTUaUves. K. Cx. KiCHAKDfci, PrGndent pro tem, oj the SencUe. Passed March 25, 1880. [Uoiue bill Nu. 362 ] AN ACT To anihurize the oounoll of the village oi La £ue, Ohio, to tranbfer oertain funds. SifiCTiON 1. Be it enacted by the General Aisaembly of the IState of (JhiOj That the council of ilie village oi La Kue, Marion cuunty, Onio, De ana tney are tiereoy autnorizea tu trausier the sum oi one nuudred Uollara (,#1U0^ trom ine police lund to tne ditcii lund ot said village. biiic. 2. Tills act snail laRe eUect and uo m lorce from and after its pabsage. THOS. A. COWGILL, Speaker of the House of Hepreitentatives. K. id. KHjHaKDcs, I^retFidenz pro tern, oj tne Senate, Passed March 25, 1880. [UouBe Bill bio. au5.] m AjN AjT To establiAh a police furue m Liie oily oi Xeuia. Section 1. Be it enacted by the Uenerat Assembly of the State of Ohioy That the court oi common pleas in and lor Greene county snail, witnin ten da^s alter tne passage ul tliis act, appoint a board ui tnree police com- missioners tor ine city ol Xenia, wnu euall be elector» tnereot, to serve, one lor one year, onu lor two years, ana out? lor tnrue years, iioin tne sec- ond Monday oi April, l^dU; and tnereoiter, annually, one sucn commis- sioner 10 serve lor tne term oi tnree yearb, ueginuiug on tne nrst Monday ot April ; and any vacancy occurring lu saiu uoaru snail De tilled oy tne appointment ot said court lor tno unexpired term. Said commissioners, otjiore entering upon tnoir duties, bUaii take an oain oi omce lor tne faitniui and emcit^ut discnarge ot tneir duties to tne beat ot tneir abtii- ties. Xney shall estaDiisn ruies, not inconsistent witn law, for tneir own governmeut; meet regulatly, and not less frequently tnan once per montn, at a room to be provided by the council oi saiu city tor the pur- pose, aud snail serve witnout compensation : provided, saiu council snail provide them with lignt, luel, record Doo&s, aud stationery. SjfiC. 2. daid Doaru shall hold its hrst meeting on the b«;uond Monday of April, 186U, ana annually tnereatter, snail appoint trom its members a I 351 • president and secretary, by whom ail orders and papers issued by author- ity ot the board snail Do signed. The secretary biiaii keep a record of tae proceeUings ol tne Doara in a book kepc by him lor mat purpose. At tiaid hrsl meeting said board shall elect uy ballot, to berve during good benavior or until removed, irom the electuis ol said ciiy, one cnit;l of pQlice, and at any time it may in like maunert elect as many patrolmen AS It may deem necessary lor tne proieciion of porejous and property and tne preuervation ol oider witnin said city : provided, mat tne number tnereoi uliaii at no time exceed eight, unless ti-^ tne concurrence ol said council. And said board may, at any time, uimiuisu tne numoer of patrolmen U, m its opinion, tne public interests require it. iSkc. fi. All the powers now vested oy law in tne authorities of said city, or any oi tnem, respecting tne appointment, control, or discipline ol tne ponce force, are hereby vested in said commissioners so to be ap- pointed. And said board shall have tne general control and supervision of the police lorce nerein authorized; shall make rules and regulations not inconsistent with law lor the government and discipline thereot; and ma}^, lor cause by it deemed sulhcient, upon wribtou charges pre- lerred, lemove a memoer. !Sis.c. 4. An tne powers vested by law in marshals or other police of- ficii s Ol cities are hereby vested in eacn member ol said force. Skc. 5. Every sucn member snail be allowed sucn salary lor his ser- vices as tne board by resolution shall tix, not exceeding eight hundred uoilars tor the chiel oi police, and six hundred dollars eacn lor patrolmen, which shall be allowed in tqual mjntniy installments uy said council, upoa tne certihcate ol said ooard, and paiu out ot the city treasury as otner claims, ^o such member suiill receive any lee, reward, or perqui- site whatever for his services other than his salary, except by the unan- imous consent ol said ooard entered upon its minuies ; and all fees earned by said membeis snail be taxeu, ana, when coilecLed, paid into said treasury to the credit oi ine police tuna. bKu. t>. On the tirst Monuay ol April, 1880, the oihce of marshal in said city shall cease and determine, sud all duties impo;ied upon such oi- hcer Ki"^ law or ordinance shall devolve upon and ue periormed by said cniel ol ponce, or some memoer ol saiu lorce under nis direction : pro- vided, tnat the council ol said city snail provide a police lorce Irom the nrst Monday in April, 168U, until the lorce herein contemplated snail be lully organized. ^t.K:i, V. There shall be levied, annually, upon the taxable property of said city sucn rate as tne council oi saia city shall deiermine, not ex- ceeding one ihiil upon each dollar vaiuaiiou, lor tne purpose oi paying the ii:aiaries ol and uelraying the expenses incident to said force ; ana said council snail, on or oeloie th^ hist Monday of June annually certiiy to the county auditor the rate ol levy so determined, whicn shall be placed upou the grand duplicate of said city, ana be collected as other taxes, aud the lund arisiug bhereiiom snail oe kuown as tne police lund ol saiu city : provided, that until a revenue snail be derived irom the tax herein autnorized, the salaries ol said lorce snail be paid out ot the gen- eral fund ot said city. ;S£c. 8. For an^ malfeasance, misfeasance, or improper conduct in of- hce, said court, upon hearing, ana upou tne written charges of auy re- sponsiuie citizen ol said city, may remove a memoer ot said boaru, but such mtmoer shall be entitled to reasonable notice of sdch charges and 362 an opportunity to defend against them ; the costs, in case of removal, shall be adjudged against such member ; otherwise, against the corpora- tion. Sec. 9. This act shall take effect upon its passage. THOS. A. COWQILL, I SpecJcer of ths H(m9e of RepreaerUaiiveB. B. G. RICHARDS, President pro tern, of the Senate. Passed March 25, 1880. House Bill No. 325. ] AN ACT To aathoriEe the oommiasioners of Hamiltoa ooanty to grade and maoadanoize the Armstrong road. Section 1. Be it enacted by the General Assembly nf the Staie of Ohio, That the commissioners of Hamilton county be and they are hereby authorized and directed to grade and macadamize what is known as the Armstrong road, from the east line of Green township to the west fork bridge in Mill Creek township, and pay the costs ot the same out of any Unex- pended balance in the road fund of said county. Sec 2. This act shall take effect and be in force from and after its passage* THOS. A. COWGILL, Speaker of the House of RepresentaJtioes. R. G. RICHARDS, Pre ident pro tern, of the Senate, Paased March 27, 1880. [House Bin No. 298.] AN ACT To anthorise the coanoil of the Tillage of Crestline, Ohio, to transfer certain fande named therein. Section 1. Be it enacted by the General Assembly of the State of Ohioy That the municipal corporation of Crestline, Ohio, is hereby authorized to transfer permanently, by ordinance duly passed, five hundred dollars from the lock-up fund and ten hundred dollars from the sewer fund of said village to the water-works redemption fund of said village. Sec. 2. This act shall go into efiect at once upon its passafte. THOS. A. COWGILL, Speaker of the House of Representatives. R G. RICHARDS, President pro tern, of the Senate. Passed March 27, 1880. 353 [House Bill No. 25.] AN ACT Amendiog ftn act entitled "An act to anihorise the board of ednoation of the oity oi HamiJton to transfer bouks to public library/' pahsed May 12, lbi9. Section 1. Be it enacted by (he Oeneral Asfcmbly of the State of OhiOf That section one (1) of an net entitled '^an act to authorize the board of edu- cation of the city of Hamilton to transfer books lo public library" be so amended as to read as follows : Section 1. Be it enacted by the General A^eembly of the State of Ohio^ That the board of education of any city having a population of eleven thousand and eighty one at the last federal census, in which there may be maintained a public library belonging to the schools of said city, and in which there is a free public library, may transfer and assign, and are hereby authorized, whenever they may deem it best so to do, to transfer and assign to the general public library in said city all the books and papers belonging to said school library; and when so transferred and assigned, the trustee of the free public library shall have exclusive power and control over the same: provided, that if at any time the library to which such transfer is made shall cease to exist, or existing cease to be a free public library, the books and papers so transferred shall revert to the custody of the board of education of such city, and that the board of education of said city be and they are hereby autt.orized to Eurchas^ bx>k8 for the use of said library, not to exceed in value one undrtd dollars per annum. Sec. 2. That an act entitled '* An act to authorize the board of educa- tion of the city of Hamilton to transfer books to the public library," passed May 12,' 1879, be and the same is hereby repealed. Sec. 3. This act shall take efiect and be in force from and after its passage. " ' THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, President pro tem. of the Senate. Passed March 26, 1880. ^ [Hoase Bill No. 162.] AN i CT For the relief of E. W. Drowniog and his Boretieft. Section 1. Be it enacted by the GertercU A8S(vibly of the State of Ohio^ That the trustees of Lebanon township, Meigs county, are hereby authorised to release K. W. Browning and his sureties, on their official bond as treasurer of said township, from the payment of the following sums of money, to wit: Two hundred and seventy-six dollars and twenty-five cents (9276 25) belonging to the township fund, one hundred and forty- eight dollars and eight cents (8148.08) of tuition fund and twenty-two dollars and twenty-tive cents ($22.26) contingent fund : provided, that the trustees shall submit said proposition to release to the qualified voters of said township, at a general election, and two-thirds of the elec- tors voting at said election are in favor of said release, 23 354 Skc. 2. It shall be the duty of the trustees, before submitting said proposition, to give in one of the newspapers, published in Meigs county, at least ten days' noiice, next preceding said election, and by posting noticefi in five public places in said townshipa, stating; the object thereof, and form of ballots, which shall be as follows : *^ For release of township fund, yes ;" " For release of township fund, no ;" '' For releasee of tuition and contingent fund, yes ;" '* For release of tuition and contin- gent fund, no:" and provided farther, that those electors who reside in special school districts in said township, which have no interest in said tuition and contingent fund, shall not at such election be permitted to vote on the proposition to release said fund. . Sec. 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives, B. G. RICHARDS: President pro tern, of the Senate* Passed March 25, 1880. [Hoase Bill No 420.] AN ACT For the relief of Orrie OotlaDd and bis iiareties. Section 1. Beit eruieted by the General Assembly of the State of Ohio^ That the trustees of Jefferson township, Logan county, are hereby authorized to release Orrie Outland and his official sureties on their official bonds as treasurer of said township from the payment of the sum of four hundred dollars belonging to the township ftinds: prorided, that the said trus- tees shall submit said proposition to release, to the, qualified voters of said township, at a general or special election, and a majority at said election voting in favor of said release. Sbc. 2. It shall be the duty of the trustees, before submitting said proposition, to give notice by advertisement, posted in six conspicuous places in said township, at least ten days next preceding said election, stating the the object tnereof, and the form of the ballot shall be the fol- lowing: ** For release, yes;" *'Por release, no." Sec 3. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RepresentativeB. R. G. RICHARDS, President pro tern, of the Senate. Passed March 25, 1880. [House Bill No. 346.] AN ACT For the relief of Heuy Blast* Whebxas, Henry Blust, treasurer of Mifflin township, Richland county, Ohio, haying deposited, as has been customary witn his prede- oessors in office, the funds belouging to said township in the first national bank of Mansfield, Ohio, for safe keeping ; and Whsbsas, Sftid banking house has become insolyent, and suspended 355 payment on the twenty-sixth day of September, A.D. 1873, having in its poesessioD one thousand one hundred and forty-five dollars and sixty* two cents ($1,145.62) of said funds ; ^ Whbheas, a majority of tax-payers and voters of said township rei>- resefit that said loss was not due to any fault, negleet, or complicity of said Henry Biust, and ask that he and his sureties be released from the payment of said sum of money ; and Whbrbas, The sum of five hundred and seventy-five dollars and eeventy-five cents of said money has been recovered from said first national bink of Mansfield, Ohio, and been turned over to the proper authorities of said township for the use and benefit of Mifflin township; and Whereas, The said Henry Blust has directed the receiver of said first national bank of Mansfield, Ohio, to pay over any further sum that may be declared on said indebtedness to the trustees of said township ana their successors in office ; therefore, Seciion 1. Be it enacted hv the General AasenMy of the State of OhiOy That the said trustees of said Mifflin township are hereby authorized to release said Henry Blust, and his sureties on his official bond, from the payment of the sum of six hundred and thirty and twenty-five one-hundredths dollars, and enter said release on the minutes of said trustees : provided, that, before said releaf^e shall be made, the question shall he submitted by said trustees to the qualified electors of said Mifflin township at the next general flection, and if a majority of the electors voting at said election shall vote in favor thereof, then the said trustees shall declare eaid Henry Blust and sureties on his official bond released. Sbc. 3. This act shall take effect and be in force from and . after its paseage. THOS. A. COWGILL, Speaker of the Home of Repreeentativei. R. G. RICHARDS, President pro tern, of the Senate. Passed March 27, 1880. [Hooae BUI No. S83.] AN ACT To antbo^iEe the commiasioDerB of the oonoty of Faltoo, Ohio, to iasiie bonds for tho poiobaae of abatraota of tiUoa and ayUabna of willa to complete tbe leoorda ol the oooDty. Section 1. Be it enacted by the General AeaenAly of the State of Ohio, That the commissioners of the county of Fulton, state of Ohio, are hereby an- thorized to purchase of E L. Barbor the abstracts of titles, syllabus of wills, and other matters in his possession to complete the records of said county ; and the commissioners may issue the bonds of said county in amount not to exceed seven thousand dollars ; said bonds to be in soms of not less than one hundred, nor more than five hundred dollars, and bearing interest at six per cent., payable annually, and to be sold at not less than par value. Sec. 2. Said abstract of titles and syllabus of wills shall, in the ab- sence of other and stronger proof, be taken and held to be prima fade evidence in all questions of title relating thereta 356 Sec. 3. This act shall take effect and be in force from and after ita passage. JOH>T A. WILLIAMSON, Speaker pro tern, of the House of Representatives R. G RICHARDS, , Passed March 30; 1880 President pro tem. of the Senate. [HoQBeBillNo.413.] AN ACT To aathoriza the Tilla^pd of MoConD^)l»Til]e to traoifer eertafn fands. Sbction I. Be it enacted by the Gmeral Anemhty of the State of Ohio^ That^ the couacil of the iacDrporated village of McCoaaelsville, in the county of Morgan, is hereby authorized and eoipowered to transfer the sum of four hundred dollars from the building fund to the street fund of said village. Sec. 2. This act shall take effect and be in force from and after its passage. TH03. A. COWGILL, Speaker of the Home of Rfpresentativesi R. G. RICHARDS, President pro tern, of the Senate. Passed March 80, 1880. [Senate Bill No. 155.) AN ACT To establish and maintain a free library and reading room in the village of Cadiz, Har- rison county, Ohio. « Section 1. Beit enacted by the Oeneral Assembly of the State of Ohio, That the council of the incorporated village of Cadiz, in the county of Harri- son, is hereby authorized to unite with this Cadiz library associition, incorporated and located in said village, in opening and maintaining a free library and reading room within said village, and is hereby author- ized and required, annually, to levy a tax sufficient to defray the inci- dental expenses of said association, not exceeding one half mill on the dollar of the taxable property in said village, for that purpose, to be called the library fund, whicn shall be certified to the county auditor, and placed on the tax duplicate of the county, and collected as other rtaxes, and applied as follows: First — To the payment of rent for a suitable library and reading room. Second— To provide for properly heating and lighting said room. Third — To pay the salary of the librarian of said association, which shall be paid by the treasurer of said village upon the warrant of the .proper oflficer, as provided by law in other cases. Sec. 2. The library and reading room established under this act, shall be forever free to the inhabitants of said village, and the members of said association subject, however, to such reasonable rules and regular 'tions as the board of trustees of said association may find necessary to radopt, and publish, in order to render the use of said library and reading 367 Toom of tlie greatest benefit to the greatest number; but Baid board of trustees may exclude from the use «f said library and reading room anj and all perFons who shall willfully violate such rulee. Sec. 3. The mayor -of said village shall, ex officio, be a member of the board of trustees of said library assoctcition; and said village council shall have power to pass ordinances imposing suitable penalties for the punishment of persons committing injury to the books or other property of said association. Beo, 4. All the property of said corporation shall be vested in a board of trustees, consisting, in addition to the mayor of said village, of not cnore than six nor less than four members, who shall be elected by the members of said association, in such manner and for such period as said Association^ by its by-laws, shall prescribe ; said board of trustees shall organise by appointing one of its members president, and shall also ap- point a secretary and treasurer. 8ec. ^. Anyperson desiring to make a donation of money, real estate, ot othdr property^ for the benefit of such library association, shall have the right to convey the title to such property to the board of trustees of «aid assoeiatiott, to be held and controlled by sueh boards if accepted according. to the terms of the deed of gift, devise, or beauest of such property, and. as to such property^ the said board shall be held and con* «idered to be special trustees. 8eo. ^. Theboard of trustoesof said association shall make all con- tracts, for renting library and reading rooms, and for heating and light- ing the same ^and shall empioy a oompeteot librarian, but the vilbige oouncil shall not be required to pay out of the treasury in pursuance thereof, in any year, a sum in excessof the levy provided for in this act. 6 BO. 7. This aot to lake effect axmI be in force from and after its paa- jeage. JOHN A WILLIAMSON, Speakir pro tern, of the Howte of Representatives. B. G. RICHARDS, Firesident pro tem. X)f the SenttU. Passed April 1^ ISBO. [HoofleBillNo 396.1 AN ACT To ftmeDd ten -attt -entiiltd ^'ao net to proviile for tte more fffectnal Annimge'cf Ht»g- creek marhb, iu fiamiti coantj." «(0. £i. yoL 76, p. >ftJ4 ) SsoTiON 1. Be it enctct^ by the General Assembly of the SiaUijf Ohio, That ^section one of ttie ahove entitled act be so amended as to read as follows: Section 1. That the board of trustees of Liberty, Washington, and Blancbard town^ips, in Hardin county., or a majoritvof ear the relief of ,^>lm W. Ladd and William Brown, ex-sheriffs of Delaware eoimtj^ Ohio^ Wherbas, John W. Ladd and William Brown, formerly sh^rift of Delaware county, Ohio, from January, A.D. 1866, to January, A.D. 1873; inclusive, during their re&peeiive terms of office, diel not receive any^ payment whatever tot fees tor serving subpoenas for witnesses before the- grand >ury of the court of common pleas of said county, by reasoa of the* accounts o( said feed not being at the time certified to the auditor of said ' county, as required by law; and, Whereas, The alitor and commissioners of said comity now declino to settle and pay said accounts, for fear of the same being barred by tha statute of lin^itation of thi» state ; therefore, Sbotion 1. Be UeneuAeiby the General Assembly ef the State of Ohio, That the auditor and eoHHn>88ioner& of said cQUinty be and they are hereby axithoriaed, if i» their jud^gcoent, they deem* the same e<]^uitaMe aod just^ to settle with said John W. Ladd and William Brown, as such, ex-* 8heri&, and ascertain the amount of such fee& unpaid, and to pay said Ladd and Bro^wn, respectively, the amount thereof unpaid in each year of their respective tevme of office : provided, that there shall not be paid for any ooe tear an amount to exceed an amount which, with the amount alreaay paid them,, respectively,, in that yeav for costs, in cased where the state failed to correct, or where thedefendant, upon convictioik, proved insolvent, will e({ual the amount flowed by law then in force its lelatioo to foes of sherifis, iik cases where the state fails toconvict, etc. Sec. 2. This aet Aall take efiect and be in force from and after i4s passage. THOS. A. C0W61LL, Speaker of the House of RepresenteUivee^ R. G. RKJHARDS. Premdentpratem. of the Senaie^ «• Passed April % 18801 ESenate BiU No. 89.) AN ACT To divide Ihe townihi]^ of WaeMogten^ StarE eeuntj'^ Ohio, into two eleetioB IKeeiDcte. Section 1. Beit enaeted by the OenereU AeeenMy of (he State of OhiOy That the township of Washington, Stark eotrnty, Ohio, be and the same hm hereby divided into two election precincts, as follows : 3.9 Commencing at the north-east corner of section one ; thence south on the county line to the center of section twenty-four (24) ; thence west on quarter section line to the west side of section twenty-three (23); thence north to the north-west corner of section twenty- three (23) ; thence west on section line to the center of section fi teen (15) ; thence north on quarter section line to the ce> ter of section fifteen (15) ; thence west on quarter section line to the center of the south line of the north-east <^uarter of section sixteen (16) ; thence due north to the quarter section line in the center of section nine (9) ; thence due west on quarter section line of sections nine (9), eight (8), and seven (7), to the west line of the township ; thence north on township line to the north-west corner of the township ; thence east on township line to the north-east corner of section one (1) to the place of beginning, including all the territory contained in sections one (1), two (2), three (0, four (4), five (5), six (6), ten (10), eleven (11), twelve (12), thirteen (13), and fourteen (14), and parts of sections twenty-four (24J, twenty-three (23), fifteen (15), sixteen (16), nine (p), eight (8). and seven (7), which described territory shall consti- tute an election precinct, and to be known as the Mt. Union precinct of said township; and all that part of Washington township not contained in the above described territory, shall constitute another precinct, to be known as the Freeburg precinct of said township. Sbc. 2. That all elections of said Mt. Union precinct of said township, shall be held in the corporate village of Mt. Union : and that all ^\eo- tions of the said Freeburg precinct of said township shall be held in the village of Freeburg. Bec. 3. This act shall in no way efiect elections held in said village of Mt. Union for municipal purposes, or for the election of school board in the special school district. Sec. 4. That this act shall take efiect and be in force from and after passage TH08. A. COWGILL, Speaker of the House of Representatives, R.G.RICHARDS, PresOefU pro tern, of the Senaie. Passed April 2, 1880. [SeuAte Bill No. 146.] AN ACT To aathorise the commisbioneni of Hooking oonnty to purchase or appropriate landa for the Dse of the agrioDltnral society of that comity, and provide for .pajmcDt of the same and making improvements thereon. Section 1. Beit enacted by the General Assembly of the State of Ohio, That whenever the board of directors of the Hocking county agricultural society shall, by resolution, declare that it is necessary to procure land and make improvements thereon for purposes of their annual exhibi- tions, and shall also indicate the sight they wish to purchase, the county commissioners of said county are authorized to proceed to purchase said land so designated, and hold the same subject to control, use, improvement, and benefit of said board of directors for purposes before mentioned; said premises to be conveyed to the county. To provide payment for the premises so purchased and improved, the commissioners are authorized 360 io issue the bonds of the county for an amount equal to the cost thereof, not exceedinfi: ei^ht thousand dollars, with interest at six per cent. fionds not to be sold for less than par. For payment of bonds, the com- missioners are directed to levy a tax sufficient in four years to redeem the same, and in amount not exceeding one-half mill in any one year. SsG. 2. Provided, before said levy is made, the commissioners shall submit the proposition to the electors at a general election of said couaty, by giving at least twenty days' notice of the same in a newspaper of general circulation in the county ; also, to cause a notice of the sanae to be posted in three of the most public places of each township in the county. Those voting for the proposition shall have on their ballots, "Agricultural tax, yes;" those voting against it, " AgricuUur.il tax» no;" and if a majority of the billots cast at said election are in fav^r of said proposition, the commissioners shall make the levy, but if a major- ity of the ballots are against said proposition, this act shall be null and void. Sbc. 3. This act shall take efifect upon its passage. THOS. A. COWGILL, Speaker of the Ifouae of Reprei^entativcs. R. G. RICHARDS, President pro tern, of the Senate. Passed April 2, 1880. [Hoase BiU No. 444.] AN ACT To authorize the towo oonncil of the in'jorporateil villai^e of St. Marys, Aaglaize ooanty, Ohio, to parobase gravel for aaid village. Section 1. Be it enacted by the General Assembly of the State of Ohio, That the town council of the village of St. Mary's, in the county of Auglaize, Ohio, be and is nereby authorized and empowered to is$-ue bonds, not ex- ceeding the sum of one thousand dollars, bearing a rate of interest not ex- ceeding seven per centum, payable semiannually, and to beof such denom- ination as said council, by ordinance, shall provide, not less than fifty dol- lars each, which hoods shall be made payable at such time as such council shall determine, not exceeding two years after date, and shall not be sold .for less than their par value; and the money arising from said bonds shall be used and applied in the purchase of gravel for the use of said village find the* inhabitants thereof. Sec. 2. Said town council shall have power, after issuing said bonds, to levy a tax on the taxable property of said village, in addition to the rate now authorized by law in each y ar during the remaining of said bond^ sufficient to pay the interest, and ultimately to pay the principal of said bonds at maturity; and the money arising from such tax shall be applied by said council to the payment of the interest and principal of said bonds, and for no other purpose. Sec. 3. This act shall take effect from and after its pass^age. THOS. A. COWGILL, Speaker of the House of Representativea. R G. RICHARDS, President pro tern, of the Senate. Palssed April 2, 1880. 361 LHonse Bill No. 127.] AN ACT To repeal section four of an act amendafory of and Rnpplpmental to an act to create a apucial school district In Mentor township, Lake connty, Ohio, passed May 4, 1877. Section 1. Be it enacted by the General Assembly of the Slate cf Ohio, That section four of "an act amendatory of and supplementary to an act to create a special pchool district in Mentor tow^nsnip. Lake counvy, Ohio," passed May 4, 1877, be and the same is hereby repealed. Sec. 2. This act shall take eilect and be in lorce from and after its passage. THOS. A. COWGILL, Speaker of the Hovm of Represmtativea. R. G. RICHARDS, President pro tern, of the Senate. Passed March 30, 1880. [nonse Bill No. 270.] AN ACT To anihorize the commissioners of Friuklia oonnty to bnild a bridfi^e across the SciotD river in said county, and tu levy a tax for that purpose. Section 1. Be it enacted by the General Assembly of the Stale of Ohio, That the commissioners of Franklin county be and they are hereby authorized to remove the old bridge across the Scioto river on the line of the old National road, now Broad street, in the city of Columbus, Franklin county, and build a new bridge on the same site, and to levy a tax for that purpose, not exceeding five eighths of a mill on the dollar of all the taxable property of said county, each year for two years, in addition to the other levies authorized by law. Sec. 2. This act shall take effect and be in force from and after its passage. JOHN A. WILLIAMSON, Speaker pro tern, of the House of R*'preHentativ€S. R. G. RICHARDS, President pro tern, of the Senate. Passed March 30, 1880. [Honse Bill No. 13a] AN ACT To regnlate the distribntion of any snrplns that may remain in the treasury of the county of Scioto ariaing from tax on dogs. Section 1. Be it enacted by the General Assembly oj the State of Ohio, That any surplus arising from tax on dogs in excess of one thousand dollars, and arising from said tax after January 1, 1880, temaining in the county treasury of the county of Scioto after all damages to sheep killed or injured by dogs shall have been paid, shall be apportioned to the different townships or wards in proportion to the amount of ttx actually col- lected from said township or ward, and the said surplus, if any, bhall be 362 paid to the treasurers of the several townships for the use of the school rand. Sec. 2. Township treasurers of the several townships in Scioto county shall pay, on the oroer of the township clerk, to each of the sub districts therein, in proportion to its enumeration of youth of echool age for the use of the school or schools of said sub district, the amount found due the same from funds credited to the township from surplus dog tax. Sec. 3. Township boards of education in the several townships of Bcioto county shall reduce.their levies for school purposes in proportion to the amount of money awarded to their township from <^urplus in sheep fund. Sec. 4. This act shall be in force from and after its passage. JOHN A. WILLIAMSON, Speaker pro teni of the House of Representatives, R. G. RICHARDS, PreddevJt pro tern, of the Senate. Passed March 30, 1880. t House Bill No. 351.] AN ACT To aothorise the tmateee of Hilliar town ship, Eoox coanty, Ohio, to take charge of Rich Hill cemetery. Section 1. Be it enacted by the General Aasembly of the State of Ohio, That the trustees of Hilliar township, in Knox county, are hereby authorized and empowered to take charge of and control Rich Hill cemetery, in said Hilliar township, and they may do and perform, in reference to the same^ all such acts ana things as tbey are now authorized to do ior any public cemetery, and to make deeds for lots therein, as provided for in section 1467 of the revised statutes, as well as to makie deeds for lots tberein to such parties, as in their judgment is right and proper, when the friends or relatives of such persons may have been buried therein. Sec. 2. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Sjpeaker of the House of RepresentaMves. R. G RICHARDS, PreMevd pro tern, of the Senate, Passed March 30, 1880. [House Bill No. 358.1 AN ACT To aathorize the oomininioiiers of Qallia coanty to levy an additional tax for poor parposes. Sbction 1. Be it enacted by the General Assembly of the State of OhiOj That the county commissioners of Gallia county, Ohio, be and they are hereby authorized, in the years 1880 and 1881, to levy upon each dollar of the taxable property of said countv, for poor purposes, four-tenths of one mill in addition to the levy for said poor purposes novF authorized by law; the same to be entered on the grand duplicate of said county, ana collected as other taxes. 363 Sec. 2. This act shall take effect and be in force from and after its mssaffe. THOS. A. COWGILL, Speaker of the Howe of lUpr^erUatifm. R. G. RICHARDS, President pro tern, of the Sevuxte. Passed April 1, 1880. [Hoose Bill No. 419.] AN ACT To ftothorize the trastees of Zane township, LfO|[^an oonnty, Ohio, to levy a tax in addi- tion to that now aathorized bj law for the payment of a bonded debt, and the cost of erecting a township hall. Section 1. BeU enacted bv the Oeneral* Assembly of the State of Ohio, That the trustees of Zane township, Ix>gan county, be and they are hereby authorized to levy a tax not exceeding one-half mill on the dollar in any one year on all the taxable property on the duplicate ot said township, for the payment of an indebtedness incurred by said Zane township in erect- ing a town hall; said levy to be made annually until said indebtedness is paid, and the levy for said purpose to be placed on the tax duplicate, and collected as other taxes, and the money raised by such levies shall only be used for the purpose named in this act. Sec 2. This act shall take effect and be in force from and after its passage. THOS, A. COWGILL, Speaker of the House of RepresewtaHves, R. G. RICHARDS, Resident pro tent, of the Senate, Passed April 2, 1880. [House Bill No. 283.] AN ACT Te anthorize the commissioners of the ooanty of Fulton, Ohio, to issue bondsi for the purchase of abstracts of titles and syllabus of wills to complete the records of the •ounty. Section 1. Beit enacted by the Oeneral AuenMy of the Slaieof Ohioy That the commissioners of the county of Fulton, State of Ohio, are hereby authorized to purchase of £. L. Barber the abstracts of titles, syllabus of wills, and other matter in his possession, to complete the reooids of said county, and the commissioners may issue the bonds of said county in amount not to exceed seven thousand dollars; said bonds to be in sums of not less than one hundred, nor more than five hundred dollars, and bearing interest at six per cent., payable annually, and to be sold at not less than their par value. Sec. 2. Said abstracts of titles and syllabus of wills shall, in the ab- sence of other and stronger proof, be taken and held to be prima facie evidence in all questions of title relating thereto. 364 Sec. 3. This act shall take effect and be in force from and after its passage. TIIOS. A. COWGILL, Speaker of the House of Repre^entaiites. R. G. RICHARDS, President pro tern, of the Senate. Passed March 30, 1880. [House Bill No. 387.1 AN ACT To divide Uaion township, in Lawrence coanty, into two election precincts. Section 1. Beit enacted by the General Asmnbly of the Slaieof Ohio, That the townshi'il) of Union, in theoouDty of Lawrence, be and the same is divided into two election precinct«», as follows: The first shall* be called Proctorsviile precinct, and shall include all that part of said township that lies east of Indian Guyan creek, and the voting place shall be in the village of Proctorsviile. The second shall consist of the balance of the territory of said township, and be known as Union precinct. Sec. 2. This act shall take effect and be in force from and after its pas- sage. THOS. A. COWGILL., Speaker of the House of Representaiives. R. G. RICHARDS, President pro tern, of the Senaie. Passed March 30, 1880. IHonseBlUNo. 293.] AN ACr Authorizing the commissioners of Defiance county to levy a tax for road purposes. Whereas, The board of commissioners of Defiance county has com- menced the construction and repair, and selected for suuch purpose cer- tain leading roads or highways in said county, by grading and draining the same, which said improvements were made in pursuance of *^an act entitled an act authorizing county commissioners to levy a tax for road purposes in certain cases," passed April 30, 1869 (vol. 66, page 60, O. L.); and WnsREAS, Said roads cannot be permanently improved by the ex- penditure of such sum of money as may be raised under the act above referred to, without a loss to the county of a large portion of the labor already expended thereon ; therefore, Section 1. Be it enacted by the General Assembly of the State if Ohio, That the board of county commissioners of Defiance county be and they are hereby authorized to levy, at their June session in each year, a tax upon all of the taxable property of said county listed on the general duplicate for taxation fir the years J8S0, 1881, 1882, 1883, 1881, 1885, and 18^.6, the amount of which proposed tax shall be fixed by said board of county commi^sioders, which in no event shall exceed, in either of the years above named, five (5) mills on the dollar. 365 Sec. 2 To anticipate the receipts which may come into the county treasury by virtue of such tax, the county commissioners may borrow such sum of money as shall not exceed nine-tenths (9 10) of the tax levied or to be levied, at a rate of interest not to exceed six (6) per cent, per annum, interest payable semiannually, and issue bonds therefor in sums of not less than one hundred nor more than five hundred dollars ($500) each, payable at such times and places as may be determined by said board of county commissioners ; but no bond shall extend beyond a period of eight *(8) years, and shall not be sold for less than their par value. Sec. 3. The money ^o borrowed shall be expended under the direction of said county commissioners, in such manner as shall seem to them most advantageous to the interest of said county, for the graveling, macad- amizing, or for the construction, reconstruction, or repair of such prii- cipal hi j;hwaya of said county as have been so commenced and s^^lected for construction and repair as aforesaid, or as may hereafter be selected. Sec. 4. Before the county commissioners shall make any levy under this act, they shall submit the question of accepting or rejecting the provisions of this act to the qualified electors of the county at a regular or special election, alter giving at least ten days' notice thereof by posting in ten (10) of the most public places in each of the townships written or printed notices. The tickets to be voted at any election at which said question shall be submitted, shall have written or printed thereon the words, **RoAd improvement, Yes," or, *'Road improvement. No," and re- turns of 6uch election shall be made by the officers thereof, within five (5) days, to the county commissioners; and if said question shall be sub- mitted at a special election, the officers thereof shall be chosen and qualified as in other cises, and shall receive for their services the same fees as are allowed by law to officers at general elections, to be paid out of the county- treasury, on the warrants of he county auditor. If said que^tion shall be submitted at a general election, the officers thereof shall niike their returns to the county commissioners, and for their ser- vices bhall receive the same fees as are allowtd by law for making returns of elections of justices of the peace. Sec. 5. The townships in which at any election held under the pro- visions of this act, there shall be a majority of all ot the lawful votes cast against road improvements shall be exempt from the operation of this act; and this act shall be confined in its operations to those townships only in which a maj >rity of the lawful votes cast shall b3 in favor of said question. And bonds as aforesaid shall be issued in proportion to the property valuation and tax levy of the townships accepting the pro- visions of this act. Sec. 6 If at any time after one (I) year from any election which shall be held under the provisions of this act, fifty (50) or more tax payers of any township shall, by written notice to the township trustees thereof, request an election to be held within such township for the purpose of voting upon the question of accepting or rejecting the provisions of this act, the trustees of such township shall, within ten (10) days after^the receipt of such notice, proceed to give notice of such election as is pro- vided in section four (4), which election shall be held and returns there- of made in the same manner as is prescribed in section four (4). 366 Sec. 7. This act shall take efiect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RepresentcUiveB. R. G. RICHARDS, Praident pro tern, of the Senate. Passed March 30, 1880. [House Bill No. 434.] AN ACT To authorize the leyylng of a tax in Jacksou township, Pike county. Section 1. Be if' enacted by the General Assembly of the State of Ohio, That the trustees of Jackson township, Pike county, be and they are hereby authorized to levy a tax, not to exceed two mills on the dollar of taxable property in said township, or the purpos^e of building the approaches and a road ta a bridge across the Scioto river, near the mouth of Carr's run in said township, which levy the said trustees are authorized to make at a meeting called for that purpose, or at any regular meeting, and the money arising therefrom shall be expended under and by the direction of the trustees of said township for the erection of said road and approaches aforesaid. Sec. 2. Before the trustees shall have the right to make said levy, the question of making the same shall be submitted to the qualified electors of said township, at a regular or special election called by the trustees, of which five days' notice shall be given by posting up notices, specifying the object of said election, in at least four conspicuous places in said township, of the time and place where said election will be held; and if two thirds of the electors voting at said election on eaid question of said levy shall vote in favor of the same, then said trustees are au- thorized to make said levy. Sec. 3. Those voting m favor of said levy shall have written or printed on their ballots, '' For river bridge," and those voting against said levy shall have written or printed on their ballots, '' Against river bridge." Sec 4. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RepreserUatives, R. G. RICHARDS, PreMent pro tern, of the Senate. Passed March 30, 1880. [House Bill No. 3741 AN ACT To anthoriie the hoard of oonnty oonnnlsBionerB of the 0r of eaid county, who shall keep a record of all bonds issued, and to whom issued. Said bond^ shall be negotiable, and payable at such place as the commissioners of said county may determine, which place shall be specifi^dd in said bonds, and they shall not be disposed of at less than their par value. Sfic. 3. That said board of commissioners are hereby authorized to levy an annual tax, to pay the intere-)t of said bonds, not to exceed in any one year five tenths of one mill ; and from and after the year 1885 to pay the principal and interest of said bonds, not to exceed in any one year one mill on the dollar of valuation of the taxable property of said county. Sbc. 4. That said board of commissioners are hereby authorized to use, in the construction of the court house, such sum, in addition to the sixty-five thousand dollars herein authorized^ as they may determine, not exceeding the prjceeJs of the sale of wh-it is known as the old court- house property, beins^ lot No. 46 of said village of Marysville; and for that purpose the said board are hereby authorized and emp^owercd to sell said property at publi '. auction, upon such terms as they may determine, after having given thirty days' n Jtice in two newspapers published in said county, and of general circulation therein, of the time and place and terms of said sale, and to convey the same to the purchaser by a deed in fee simple. Sbc. 5. That the said board of commissioners are hereby authorized to let the contract for the erection and constructioa of said court-house, in parts or as a whole, as may be determined by the bids, for the best interest of said county, of which the commissioners shall be the judges. Sec. 6 This act shall be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RepreeerUativeB, R. 6. RttHARDS, President pr^tem. of the SenaU. Passed April 1, 1880. [House BUI No. 426 ] AK ACT To anthoriee the olty coanoU of the oity of Moant Vernon to levy a tax for special .purposes. BscTiON 1. Beit enacted by the General ABS^mUy of the State of Ohio^ That the city council of the city of Mount Vernon, in Knox county, be and it is hereby authorized to levy a tax of one-half mill in the year 1880, and one mill io^the year 1881, or a like levy in any two years thereafter, 368 upon all the taxable property on the general tax duplicate of said city, for the purpose of improviog the public square of said city, and for the purposti of making such improvements as will protect and preserve the Boldiere' monument now located in said public square. S^c. 2. This act shall take elTect and be in force from and after its passage. JOHN A. WILLIAMSON, Speaker pro tern of the IlouHe of Representativea, R. G. RICHARDS, President pro tern, of the Senate, Passed April 9, 1880. ISenate Bill No. 126.] AN ACT To anthorize tbe county cominissiODerB of Cnyahoga county to bnild a monument or memoriaJ tablet oomuieinorative of the dec&ascd BokUere and sailorn of said ooanty* and to purchase a si to therefor. Section 1. Be it enacted by the General Assembly of the State of Ohio, That the county commissioners of Cuyahoga county be and they are hereby authorized to levy a tax upon all the taxable property of said county not exceeding three-tenths of one mill, not more than one-tenth of which ehall be levied and collected annually, for the purpose of erecting a monu- ment or memorial tablet commemorative of the bravery and valor of all the soldiers and sailors from said county who were killed in any of the battles fought in the service of the republic of the United States, or who died from wounds or disease received or contracted in such service, and purchase a suitable site therefor. Sec. 2. All plans and specifications for such monument or tablet, and the site thereof, together with the contract for the erection of which, shall be approved by the commissioners and the committee on monument of the soldiers' and sailors' as ociation of said county; but the building thereof shall be supervised by, and the expense thereof paid upon vouch- ers approved by said commissioners: provided, however, that the cost and expense of such monument or tablet and site shall not exceed the amount of said levy. S£c. 3. This act shall take eflect and be in force from and after its passage. THOS. A. COWGILL. Speaker of the House of Reprfsentatives. R. G. RICHARDS, President pfo tern, of the Senate^ Passed April 2, 18S0. [S Date Bill No. 93.] AN ACT To aathorUe the oreation of a special school district la Pat-iD>Biy township, Ottawa county. Section 1. Be it enacted by ftte General Assembly of the State of Ohio, That the territory now embraced in sub Fchool districts number one (1) and four (4) of the township of Put-in-Bay, and county of Ottawa, and de- 369 scribed as follows, to wit : The whole of South Bass island, together with Ballast island, Gibraltar island, Rock^ or Rattle Snake island, Green island. Starve island, be and the same is hereby created and declared to constitute a special school district by the name of Pat-in-Bay special school district. Sbc. 2. The electors of said special school district shall at once pro* ceed to elect three members of the bo&rd of education : one for one yeaiCt one for two years, one for three years, from the first Monday in April next thereafter, who shall hold their offices for the term therein specified, and until their successors are elected and qualified. The said special school district shall be entitled to all of the school property within such territory, and the title thereto is vested in tl|e board of education of said Put-in-Bay special school district. Sec. 3. The said special school district shall be entitled to and shall receive their proportionate share of the school funds, and the funds levied for school-house and incidental expenses, in accordance with the enumer- ation of 1879, of children who are entitled to attend such schools, said funds being those now collected, or already levied and not collected, either in the county or township treasury. Sec. 4. Said district shall be governed, in all rcFpects, by such laws as now are or may hereafter be in force relating to special school districto. Sec. 5. This act shall take efi*ect and be in force from and after its passage* THOS. A. COWGILL, Speaker of the House of Representatives R. G. RICHARDS, PreMent pro tent, of the SeruUe. Passed April 6, 1880. [HonseBUlNo 80.] AN ACT To amoDd seotioDs one, two, three, and four of an ** act to proyide for the erection of - hridges over Mill creek, and the Cincinnati, Hamilton and Dayton railroad, in Hamil- ton coanty,'' passed May 4, 1877. (Ohio laws, vol. 74, p. 503.) Section 1 Beit enacted by the OeneraJ Amembly of the State of of Ohioy That sections one, two, three, and four of said act be amended so as to read as follows : Section 1. To enable the commissioners of Hamilton county to obtain a suitable place for the construction of such bridge across Mill creek, it shall be lawful for said commissioners to cause cuts to be made straigh- tening said stream between Harrison avenue and Gest street, and may cause to be constructed a bridge across Mill creek, at the place of the in- tersection of the continuance of said Liberty street with said stream thni straightened ; and may also cause a bridge to be constructed across thut track of the Cincinnati, Hamilton and Dayton railroad, at the place of the intersection of said Liberty street with said railroad. Section 2. It shall be lawful for the said board of county commission- ers to appropriate the necessary property for the making of said cut and the straightening of said stream, which necessary property shall be ap- !)ropriated and the owners thereof compensated in accordance with tnt awB in force providing for compensation to the owners of priVate prop- erty appropriated to the use of corporations : provided, that so much of 24 370 the costs and expense of making said cut shall be paid by the Cincinnati, Hamilton and Dayton railroad company as shall be agreed upon» in writing, by said Cincinnati, Hamilton and Dayton railroad company and the board of county commissioners of Hamilton county, Ohio. Section 8. That to provide for the payment of the cost of construction of such bridges, as provided for in this act (and of the property appro- priated for the said cut), said commissioners are hereby required and authorized to expend from any money in the bridge fund of Hamilton county, Ohio, not otherwise appropriated, such sum or sums as may be necessary to carry out the requirements in whole, or in part, of section one of this act; and for the purpose of returning into the bridge fund such sum or sums so expended, and for the purpose of a full compliance with this act, the said commissioners shall and they are hereby authorized to levy and collect upon the real and personal property returned upon the grand levy of said county for the years 1880, 1881, and 1882, a tax not to exceed one- fifth of one mill for each of said years, provided that before any levy is made for the purpose herein specified the question shall be submitted to the qualified electors of said county at some general election, aiid if a majority of said votes cast at such election be in favor of said levy then such commissioners shall make such levy, and not otherwise. Section 4. Said bridges shall be erected and the funds hereby provided shall be expended by and under. the direction of the commissioners of Hamilton county. Sec. 2. Said original sections one, two, three, and four, are hereby repealed. Sfic. 3. This act shall be in force from and after its pasaacre. THOS. A. CO WGILL, Speaker of the House of Repredentativei. R. G. RICHARDS, PresiderU pro tern, of the Senate, Passed April 6, l«oO. [Hoaae Bill No. 226.] AN ACT To regalate and provide for the appointment and seleotion of .Jarors in the county of Lucas. Section 1. Beit eruictei by the OenercU Assembly of the Stats of Ohio^ That the countf commissioners of the county of Lucas shall provide and place in the office of the clerk of said caunty a wheel so constructed that, by turning the same, the pieces of paper, hereinafter mentioned, shall be thoroughly mixed, and that the nayies upon such pieces cannot be ftead or seen until withdrawn from such wheel. Sec. 2. On the first Monday of April of each year, at two o'clock in the afternoon, the judges of the court of common pleas, who are residents in said county, or any two of them, shall meet at the court-bouse therein, and shall call to their assistance the auditor of said county, and the cler^ of the court of common pleas thereof, who shall also act as the clerk of said judges; said judges shall then select such persous having the qualifications of electors in such number as shall be in the ratio of one to sixty of the population of said county, at the last federal census, and apportioned as near as may be to the several wards and townships of said county, in proportion to their population, and said clerk shall make 871 out a certificate contaiDing said namee, which shall be signed by said judges, who shall certify that the same contains the names of the per- sons selected at such time and place to serve as jurors for the ensuing year, which certificate shall be attested by said clerk, and filed and pre- served in his office, and the names of the persons so selected shall be written by eaid clerk, on separate pieces of paper of the same size, and shall by him be put into said wheel, in the presence of said auditor, after they shall have first ascertained said wheel to be entirely empty. Sec 3. Said judges shall be Airnished by said clerk and auditor with any documentary information in their offices, upon request therefor, but if any person, by request or otherwise, shall attempt to influence them to select or not to select himself, or any other person as such juror, he shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in any sum not exceeding one hundred dollars, or be im- prisoned in the county jail not more than twenty days at the discretion of jj^e court. bi£C. 4. Whenever said cleric shall be directed by the order of any court of record therein, or any judge thereof, in vacation, to cause any number of persons to be summoned to serve as grand or petit jurors in such court, he shall forthwith, in the presence of the sheriff of said county, proceed to turn said wheel until said pieces are thoroughly inter- mixed, and shall then draw therefrom the number of names specified in such order for grand jurors and petit jurors, separately, and shall forth- with, unless oriherwise directed by said court or judge, issue a venire facias to said sheriff, commanding him to summon the persons whose names are so drawn to attend as grand or petit jurors, as aforesaid, at the time and place specified in said order, and all grand and petit juries shall bjB impanelei from the persons so selected and summoned. S£C. 6. Such bherifl' receiving such venire facias shall forthwith serve and return the same, in such manner and form as may be required therefor, in the case of grand or petit jurors, by the revised statutes of the state, or by amendments, from time to time, thereto. And any juror that may be impaneled upon any grand or petit jury, shall be subject to the same disabilities, and may be challenged for the same cause, or causes, as may be provided by said statutes or amendments ; and a challenge to the array shall be allowed, and the whole array shall be set aside when per- mitted by the provisions of said statutes and amendments; but no in- dictment shall be set aside for any irregularity in the apportioning and drawing of grand jurors, or misnomer of any of the grand jurors, who found the indictment : f)rovided, that the said grand jurors possessed, in fact, the qualifications required to act as such grand jurors. Sec. 6. When the sheriff is interested in any cause in any court of record, such court shall, on the application of the opposite party in in- terest, direct a special venire facias to be issued to the coroner of said county, commanding him to summon a jury having the qualifications and selected in the manner h^einbefore prescribed, the coroner acting in the drawing, instead of the sheriff, to try such caase ; and when both the sheriff and coroner shall be interested, as aforesaid, or in case of the death, resignation, or absence from the county of both of them, then such process shall be so drawn and served by some suitable person desig- nated by the said court, who, in all respects, shall act in the place of the sheriff, and his service and return shall be valid. Sec. 7. Atiy person selected and summoned as a juror, as aforesaid, 372 who without reasonable and lawfal cause, to be judged of by the court, refuses to serve, shall be fined in any sum not exceeding thirty dollars, ^s for a contempt of court. A juror, after being qualified, who refuses or neglects to obey or observe any order or injunction of the court, may be fined, as for contempt, in any sum, in its discretion, not exceeding one thousand dollars ; and any fine so assessed may be collected by execution^ and shall be paid into the county treasury and disbursed as other fines. Sec. 8. A person who has served as a grand or petit juror, or both, in any court of record of this state, for three weeks m any one year, com- mencing on the first Monday in April thereof, shall ba exempt from fur- ther service as a juror during the balance of the year. But nothing herein contained shall entitle a juror to be discharged from the grand jury during the session, or from a petit jury during tbe trial of a cause* ^ut persons selected to serve as jurors, as aforesaid, shall, at all times, be entitled to the same exemptions from such services, by reason of their profession, business, or otherwise, as may, from time to time, be provided by the revised statules or any amendments thereto. Sec. 9. If no two of said resident judges mentioned in section two of this act, shall be present at the day and place therein mentioned, to ap' portion and select said jurors, or if, from any reason, said jurors shall not be then apportioned and selected, as aforesaid, a majority of said judges may appoint any other time to meet therefor, when they shall be gov- erned by the provisions of this act, except as to time, and their proceed- ings shall have the same force and effect as if made at the time first aforesaid ; and whenever it may become necessary, said resident judges, or any two of them, shall meet at such time and place as the court of common pleas may appoint, and shall then select such number of per- sons a'^ said court may, by its said order, direct, and the names of such persons shall be written and deposited in said wheel, and certified as hereinbefore provided; and said judges, or any two of them, whenever they shall have met as aforesaid, mav adjourn from day to day until their duties, under this act, shall be fully performed. Sec. 10. When a jury has been impaneled for the trial of any cause, or when any cause is on trial in the common pleas court, in the county of Lucas, and it is deemed proper, by reason of the approaching termina- tion of any term thereat, to continue and adjourn such trial to the next succeeding term, it shall be lawful tor the court to order and direct that the trial be adjourned to a day certain, on which day the case shall pro* ceed and be disposed of as if the trial had commenced at such succeeding term. Sec. 11. This act shall take effect from and after its passage; and after its taking effect, no other provisions of law for the apportionment and Beleciion of regular grand and petit jurors shall have any eflect in the said county of Lucas, unless otherwise provided. THOS. A. GOWGILL, Spedk&t of the House of Representatives, R. G. RICHARDS, Preeident pro tern, of the Senate^ Passed April 8, 1880. / 373 [House Bill No. 386.] AN ACT To enable the board of edncation of tJDiontown special school district to afford aid to the FaltoDham academy. Section 1. Be it enacted by the General Assembly of the State of Ohio, That the board of education of the Uniontown special school district, in the county of Muskingum, be and is hereby authorized and empowered to lease to the Fultonham academy the second story of the public school building in said special school district for the purpose of academic educa- • tion. Sec. 2. That said board of education are hereby authorized and em- powered to pay out of the public school fund of said special school dis- trict to the Fultonham academy, for tuition, so much money, which, together with the amount received by said academy as tuition from per- sons attending the same as pupils, shall be sufficient to pay the teacher or teachers employed by said academy: provided, the amount so paid bv the said board of education in any one year shall not exceed the sum of three hundred dollal-s ; and provided further, that all children of school age residing within the limits of said special school district, who shall have acquired the necessary qualification for admission to said academy, shall be admitted and instructed therein free of tuition. Sec. 3. This act to be in force from and after its passapre. TH08. A. COWGILL, Speaker of the House of RepreserUalivea,/ R. G. RICHARDS/ President pro ttm. of the Senate, Passed April 8, 1880. [Honser Bill No. 333] AN ACT To authorize J. M. ThompeoD, administrator de bonis non with the will annexed of William ItfoiriBOD, senior, deceased, to pay a certain faLd in his hands to trustees of Union township, Butler coanty, Ohio. Whereas, William Morrison, senior, late of Warren county, Ohio, deceased, and in his last will and testament, bequeathed to Pisgah church in Butler county, Ohio, one hundred dollars, the interest on whicb to be paid by the elders of said church, annually, toward keeping the grave- yard in repair; said graveyard being situate adjacent to said church in Union township, Butler county, Ohio; and. Whereas, The said church has been abandoned as a place of worship, and the members and elders have surrendered the custody and care of the burial ground adjacent thereto to the township of Union, in said county of Butler, and the trustees of said township have assumed the custody and preservation thereof, in accordance with the statute in such case made and provided ; and, Whereas, J. M. Thompson, administrator de bonis non with the will annexed of the said Williana Morrison, senior, deceased, has fully admin- istered said estate, and has remaining in his hands said bequest of one hundred dollars, and is desirous to pay the same to whoever may be legally authorized to receive from and receipt to him for the same ; and the trustees of said township of Union being willing to receive the same, and 374 • to hold and administer the same under the terms of said Morrison^s last will and testament; therefore, Srction 1. Beit enacted by the Oenerai Assembly of the State of Ohio^ That J. M. Thompson, administrator de bonis non with the will annexed of William Morrison, senior, deceased, be and he is hereby authorized and empowered to pay over said bequest of one hundred dollars to the town- ship trustees of Union township, Butler county, Ohio ; and that said trustees be and they are hereby authorized and empowered to receive the said bequest on behalf said township, to hold and apply the same in accordance with the terms in the last will and testament of Kaid decedent ; and that the receipt of the treasurer of said township of Unionr, therefor, seal! be a complete discharge of all liability on the part of the said administrator, J. M. Thompson, for said fund. Ssc. 2. This act shall take efiect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Rfpresentaiives. R. G. RICHARDS, President pro tem. of the Senaie, Passed April 8, 1880. [House Bill No. 393.] AN ACT To aathorize the oitj oonnoil of the oity of Daytoa to is^oe bonds to purchase maebinery, improve, and extend tbe water-works of said oity. Sbction 1. Beit enacted by the General Assembly of the State of Ohio^ That the city council of the city of Dayton be and is hereby authorized and empowered, for the purpose of purchasing machinery, iraprovinj? and extending the water-works of said city, to issue bonds of said city of such denominations as may be deemed best, in any sum not exceeding fifty thousand dollars, for a length of time not exceeding twenty years, and at a rate of interest not exceeding six per cent, per annum, payable semi- annually ; said bonds shall not be sold for less than their par value, and theproceedsthereofshall be applied to no other purpose than the purposes herein mentioned, and in such manner only as saii council shall direct : and said bonds shall be signed by the mayor and clerk of said city, and be sealed by the seal of said corporation. Sfic. 2. The council of said city are hereby authorized to levy an an- nual tax of three tenths of one mill, in addition to the other taxes here- tofore levied, or hereafter to be levied, for the redemption of said bonds and interest thereon, on all the taxable property of said city, until the said bonds and the interest thereon are paid and redeemed as the same may become due. Src. 3. This act shall take effect and be in force from and after its passage. THOS. A COWGILL, Speaker of the House of Representatites. R.G. RICHARDS, President pro tern, of the Senate. Passed April 8/1880. 376 [House Bill No. 363.] AN ACT To aatborize the trastees of Rojalton township, Cujahcga coacty to remove bodies from abandoDod or annsed bnrial ground. Section 1. Be it enacted by the Oeneral Assembly of the State of Ohio, That the trustees of Royal ton township, Cuyahoga county, be and they are hereby autborizf d to remove the bodif now remaining in the burial ground in the village of Royalton, to the new township cemetery, and they are further authorized, to defray the expense of such removal, to use any unexpended funds in the township treasury belonging to the town- ship fund, and if not sufficient to levy a tax to defray said expenses. Sec. 3. This act shall be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, Passed April 8, 1880. President pro tem. of the Senate. [HoQse Bill ^0. 330.] AN ACT To autborize the oommisaioDers of Maboning county to build a bridge across Maboning river. Section 1. BeU enacted by the General Assembly of the State of Ohio, That the commissioners of Mahoning county be and they are hereby author- ized and empowered, if in their judgment the fame ought to be done, to build a bridge across the Mahoning river, in the city of Youngstown, at or near the foot of Market street therein, to the opposite bank, and to construct the necessary approaches thereto ; and for the purpose of building said bridge and constructing said approaches, said commission- ers are hereby empowered to issue the bonds of said county, not to ex- ceed twenty-five thousand dollars ($25,000), in sums of not less than one hundred nor more than five hundred dollars, and payable at such times as they may deem mo^t advantageous, not exceeding five years from the date of their issue, and to negotiate and sell the same, but the interest upon such bonds shall not exceed six per cent, per annum, nor shall they be sold for less tban their par value. Sec. 2. This act shall take eflftict and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RfpreserUatives. R. G. RICHARDS, Passed April 8, 1880. President pro tem, of the Senate. [House Bill No. 432.] AN ACT To antborize ihe asa of a portion of tbe school fnnd of Fnb-dietrict No. 5, of Wafamt towDHbip, Gallia oennty, Ohio, for tbe purpose of baviog a German scbool tangbt in said Bub-diHtriot. Section 1. Beit enacted by the Oeneral Assembly of the State of Ohio, That the directors of sub-school district No. 6, of Walnut township, 'Gallia 376 oouDty, Ohio, be and the same are hereby authorized and instructed to appropriate and pay one-half of the public money received each year for school purposes, for a German school, to be kept and held in the school- house in said sub-district. Sec. 2. This act shall take efifect and remain in full force for the period of ten years from and after its passage. THOS. A. COWGILL, Speaker of the House of Reprea ntcUives^ R. Q. RICHARDS, President pro tern, of the Senate, Passed April 8, 1880. [HoQBe BUI No. 454.] AN ACT 'Fo anthorizA the trastee^i of the Free Presbyterian chnrch of Salineville, ColambiAnA ooQDty, Ohio, to sell and conyey real estate b^ouging to said charch orgaaiziktion. Sectiox 1. Beit enacted by the General Assembly of the Sate of Ohio, That the trustees of th^ Free Presbyterian church of Saiineville, Columbiana county, Ohio, be and they are hereby authorized and empowered to sell at not less than two-thirds of the appraised value, the church building and lot belonging to the said Free Presbyterian organization in the Tillage of Saline ville, Columbiana county, Ohio, to the United Pres- byterian church of said village, for such sum and upon such terms as- the said trustees may deem advisable, and to execute and deliver a deed in fee simple to the purchaser therefor; and the proceeds of such sale to be applied by the trustees to any debts the Free Presbyterian church may now owe, and the balance be invested or disposed of according to the wishes of a majority of the original members of said church. Sec. 2. This act shall take efiect from and after its pas'^aece. THOS. A. COWGILL, Speaker of the House of Rfpresentatives. R. G. RICHARDS. President pro tern, of the Senate, Passed April 8, 1880. [House Bill No. 467.] AN ACT To authorize the board of edaoation of the Conneant village school district, in the oooDty of Ashtabula, to levy au additiooal tax upon the property of said school dis- trict. Section 1. Be it enacted by the General Assembly of the Slate of Ohio, That the board of education of the Conneaut village school district, in the county of Ashtabula, be and they are he^by authorized to levy for school purposes for the year eighteen hundred and eighty (1880), in addition to the seven mills now authorized by law to be levied, the additional rate of two and eight-tenths mills ^2.8) upon all the property iucluded within the present boundaries of saia Conneaut village school district, and not exempt by law from taxation. 377 Sec. 2. This act shall take effect and be in force from and after its passage. THOS. A. COWG^L, Speaker of the How^e of RepreaerUatives, R. G. RICHARDS, Prtsident pro tern, of the SLnate. Passed April 8, 18S0. [House Bill No. 463.] AN ACT To aathorize the oommiseioDers of Mercer county to sell certain real estate, and to direol how the proceeds are to be applied. Section 1. Beit enacted by the General AsmrMy of the State of Ohio, That the commissioners of Mercer county, Ohio, are hereby authorized and empowered to sell at public or private sale, in whole or in parcels, and on payments not exceeding two years, and to execute good and sufficient deeds of conveyance therefor, the following described real estate, situated in said county of Mercer: All that portion of the west half of the north- east quarter of the northwest quarter of section one (1) that lies north of the center of the Celina and New Corydon road, and a strip of land 66100 chains wide ofi the west side of that part of the east half of the northeast quarter of the northwest quarter of said section one (1), that , lies north of said Celina and New Corydon road, all in town six (6), south of range two (2) east, containing in all twenty acres of land, more or less, and apply the proceeds arising from said sale in acquiring title to, and paying indebtedness upon the grounds now used and occupied by the Mercer county agricultural society as a fair ground. And after paying in full for said last mentioned grounds, it shall be the duty of the treasurer of said county to pay to the treasurer of said ag^ricultural society, on the order of the auditor of said county, the residue of said proceeds to be used by said society in improving said grounds. Said grounds to be owned and controlled as provided in section four (4) of an act entitled ^'an act for the relief of the Mercer county agricultural society/' passed May 5, 1877. (0. L , vol. 74, page 608.) Sec. 2. This act shall take efiect and be in force from and after its passage. THOS. A. COWQILL, Speaker of the How^ of Repvpsentativee. R. G. RICHARDS, President pro tern, of the Senate, Passed April 8, 1880. [Hoose Bin No. 488.] AN ACT To authorize the commissioners of Washington county, Ohio, to contract with the Marietta and Cincinnati railroad company, as reorganized,, for the free nse of its bridge asross the Moskingnm river for the purpose of pnblic travel. Section 1. Be it enactfd by the Qeneral Assembly of the State of OhiOy That the commissioners of Washington county are hereby authorized to con- tract, at such price as may seem reasonable to said commissioners, with 378 the Marietta and Cincinnati railroad company, as reorganized, or other Eersons or corporations ownina: or controlling the bridge across the Mus- ingum river, at the city of Marietta, for the free use of eaid bridge for the purpose of common travel, for such term of years as the said commis- sioners may deem best ; and said commissioners are hereby authorized to pay such price as may be agreed upon out of the general fund of said county ; and if, in their opinion, they deem it necessary, they are hereby authorized to levy a suflScient tax upon the property of said county, in addition to the tax authorized under existing laws, for the purpose of covering said contract. Beg. 2. This act shall take effect and be in force on and after its passage. JOHN A. WILLIAMSON, Speaker pro tern, of the House of Representatives. R G. RICHARDS, President pro tenu of the Senate. Passed April 9, 1880. [House BiU No. 91.] ▲N ACT To Hathorue the oommissioDers of Boas connty to change the valaation on certain real estate for the purpose of taxation. Section 1. Be ii enacted by the Oenerai Assembly of the State of Ohio, That the commissioners of Ross county are hereby authorized, if in their judg- nxent justice demands, and they shall find that the depreciation in value has been greater on the property herein named than on other property in the vicinity thereof, to reduce the present valuation to such sum as may seem to them proper on the tax duplicate, for the purpose of taxa- tion of a certain lot of land situate in Scioto township of said county, containing eleven acres, and known as the Emmit distillery property. Sec. 2. This act shall take effect from and after its paspaere. TH08. A. COWGILL, Speaker of the House of Representaiives. R. G. RICHARDS, President pro tern, of the Senate, Passed April 9, 1880. [Senate Bill No. 1^7.] AN ACT Supplemental to an act entitled ''an act to create a sub-school district in Seneca connty, Obio, to be called the Rockaway sab-school district," passed March UO, 1877. Section 1. Beit enacted by the General Assembly of the Statt of Ohio^ That the board of local dijrectors heretofore elected as dirf ctors of the said joint sub school district, now known as the "Rockaway sub school district," be and they are hereby recognized as the legal board of local directors thereof. Beo. 2. And be it further enacted, that the school-house to be built in the said joint sub-school district be and the same is hereby located 379 s and shall be built npon the site selected by said local board of directors^ in that part of said joint sub district which lies in said Scipio township; and in ""ll other respects the said school house shall be built, and tne funds shall be provided therefor, as provided by law in other likn cases. Sec. 3. This act shall take effect and be in force from and after its passage. THOS. A.COWGILL, Speaker of the How^e of Rfivrfgrntativea. R. G. RICHARDS, President pro tern, of the Senaite, Passed April 9, 1880. [Honse Bill No. 469.] AN ACT To authorize the Tillafce of Rich wood, Union ooatity, Obio, to transfer certain fandeto the hose parchaeiDg fnnd. Section 1. Be it enacted by the General Asf^embly of the State of Ohio, That the council of the village of Richwood, Union county, Ohio, are hereby authorized to transfer to the hose-purchasing fund of said village the fol- lowing sums from the following funds : From the general expense fund of said village, three hundred and eighty seven dollars and forty -six cents ($387.46) ; from the fund for the support of the fire department, one hundred and six dollars and fifty five cents ($106.65); from the water- supply fund, eighty-six dollars and seventy-three cents ($S6.73.) Sec. 2. This act shall take effect and be in force lErom and after its passage. THOS. A. COWGILL, Speaker of the House of Renreaentatives, R C. RICHARDS, President pro tern, of the Senaie. Passed April 9, 1880. [HoQse Bill No. 459.] AN ACT Sapplementary to an act to anthorize the village of East Liverpool, Colnmblana coanty, to issue bonds for the cjnstraction of water works, passed February 5, 1879. Section 1. Be it enacted by the Generai Assembly of the StateoJ Ohio, That the council of the village of East Liverpool, Columbiana county, Ohio, be and they are hereby authorized to issue the bonds of said village, not to exceed six thousand dollars, payable semi-annually, at a rate not to exceed six per cent, per annum, and sell the same at not less than their par value, for the purpose of completing the work mentioned in the act to which this is supplementary, and to pay the first year's interest on the bonds therein autnorized to be issued. The bonds nerein authorized are to be of the same denomination, payable within the time, signed in the same manner, and to be in all respects the same as the bonds stipu- lated in said' act. Sec. 2. Said council are hereby authorized to levy, in ad dition to the 380 tax now authorized by law, such sum as may be necessary to redeem said bonds, and to pay the interest thereon as the^ become due. ISec. 8. This act shall take effect and be m force from and after its passage. JOHN A. WILLIAMSON, Speaker pro tern of the Hovse of Representatives. R. G. RICHARDS, Presidewt pro tern, of the Senate. Passed April 9, 1880. [Hon8eBtllNo.453.] AN ACT To anthorize the oommissioners of Marion county to borrow money on the bonds of the oonnty. Section 1. Be it enacted by the General Assembly of the State ofOhio^ That the commisFioners of the county of Marion be and they are hereby authorized to issue the bonds of said county in sums of not less than one hundred, nor more than five hundred dollars, bearing a rate of interest not to exceed seven (7) per cent, per annum, and payable at such times, not beyond one year from their date, as to them may seem proper, and to dispose of the same at not less than their par value, and in such amounts as may be necessary to discharge such liabilities against the county funds of said county as may exist or occur prior to the receipt of taxes levied according to law to meet such liabilities: provided, that there shall not be issued under this act an amount exceeding ten thousand dollars of such bonds. Sec. 2. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RepresentaXives. R. G. RICHARDS, President pro tern, of the Senate, Passed April 9, 1880. [Hon8eBiUNo.431.] AN ACT To repeal an act entitled '' an act to antborize the trnstees of CliDton townehip, Seneoa coanty, to levy a tax to macadamize and improve the roads and highways in said township. Section 1. Be it enacted by the Gerural Assembly of the State of Ohio, That the act entitled ^'an act authorizing the township trustees of Clinton township, Seneca county, to levy a tax to macadamize and improve the roads and highways in said township,'' passed June 6, 1879, be and the same is hereby repealed. Sec. 2. This act shall take efifect on its passage. JOHN A. WILLIAMSON, Speaker pro tern of the House of Representaiives. R. G. RICHARDS, President pro tern, of the Senate, Passed April 9, 1880. 881 CHoQBe BUI No. 424] AN ACT To ailflble tbe tobool boatd of Manchester villftge school district, Adams 147.] AN ACT To aathorise the commissioners of Brown oonnty, Ohio, to oonstmct certain free tnni- • pike roads. Section 1. Be it enaxUd by the Oenerai Assembly of the State of Ohio^ That the commissioners of Brown county, Ohio, be and they are hereby author- ised to construct the following tree turnpike roads: First road — Commencing at the Clermont county line, at the terminus of the Jackson pike, running east to tbe Sterling township election- house, and running on the line of the old road, as near as may be prac* ticable, to connect with the Georgetown and Fayetteville free turnpike road at Greenbush. Second road — Commencing at the Georgetown and Russelville free turnpike road, at a point between the lands of L. J. Kindle and James A. Porter, near the reisidence of Adolph Shaub ; thence running south, as near as may be practicable, on the Jine of the old road, near the resi* dences of Robert Conn, J. C. Chapman, and Robert C. Drake, to a point at or near tbe northwest corner of the land of Elmer M. Drake, intersect- ing the road running west from the Ripley and Hillsboro free turnpike roaid to Straight creek, at or near said corner of Blmer M. Drake's land. Third road— Commencing at the Sterling township election- house and running on the line of the old road, as near as may l^ practicable, to the Clermont county line, at or near the residence of James Barr. Sec. 2. That said county commissioners may, if they deem it best, issue bonds for the construction of said roads : provided, said bonds shall bear interest at the rate of six per cent, per annum, payable annually, and shall not be sold for less than their par value : provided further, that not more than twenty per centum of tne cost of said improvement ehall be assessed in any one year. Sec. 3. That said commissioners shall, before proceeding to construct said roads, or any one or parts of same, require and secure from those interested in said improvements, a subscription or donation equal in amount to twenty per centum of the cost of saia improvements, to aid in the 383 construction of the same ; or, in lieu thereof, may cause those interested in said improvements to grade and culvert said roads, or parts of roads, ready for the material for the same. Sec. 4. That, for the purpose of paying said bonds, the county com^ missioners are hereby authorized to levy and assess a tax not exceeding one mill on the dollar, annually, on any and all property in said county, excepting iuch lands as heretofore have been assessed for the construc- tion oi any Iree turnpike or improved road or roads already constructed, unless the amount that would be ratably levied upon the said lands shall exceed the amount of such assessment. Sbc. 5. That a majority of said board of commissioners shall, at a regular session, be necessary to agree upon specifications, and order said improvement or any part thereot. 8ec. 6. This act shall* be in force and take efifect from and after its passage. JOHN A. WILLIAMSON, Speaker pro tern, oj the House of Repretientatives. R. G. RICHARDS. President pro tern, oj the SenaU. Passed April 10, 1880. [Honse BiU No. 324.] AN ACT To authorise the city ooanoil of the city of Portsmonth, Soloto ooanty, Ohio, to trans- fer certain faods tht>reio named. Section 1. Be it enacted by the Oeneral Assembly of the State of Ohio^ That the city council of the city of Portsmouth, Soioto county, Ohio, be and they are hereby authorized to permanently transfer five thousand three hundred and twenty-five dollars and forty six cents ($5,325.46), now to the credit of the sinking fund of said city, to the general fund; also to permanently transfer four thousand seven hundred and eighteen dollars and six cents (94 718.06), now to the credit of the sinking fund of said city, to the street fund; also to permanently transfer nine hundred and Jorty seven dollars and ninety cents ($947 $0), now to the credit of tlie sinking fund of said city, to the police fund; also to permanently trans- fer two thousand and seventy -four dollars and eighteen cents ($2,074.18), now to the credit of the sinking fund of said city, to the fire department fund ; also to permanently transfer nine thousand two hundred and fifty* two doUais and fourteen cents ($9,252.14), now to the credit of the sink- ing lund of said city, to the interest fund; also to permanently transfer one hundred and eighty nine dollars and thirteen cents ($189.13), now to the credit oi the sinking fund of said city, to the gas fund. Sec. 2. This act shall take eliect from and after its passage. THOS. A. COWGILL, Speaker of the House of Representatives, R. G. RICHARDS, President pro tern, of the Senate* Passed April 12, 1880. 884 [fiouse Bill No. 484.] AN ACT To aQtliqti;fie the oommiBBionera of JacksoD connty to lease certain landa. Section 1. Be U enacted by the Oeneral Assembly of the State of Okio^ That the commissioners of Jackson county, Ohio, are hereby authorized to let and lease, for the period of ninety-nine years, ninety feet) or less, out of the public square fronting on Main street, half way between the court- house and jail, and running back from Main to Court streets^ situated in the village of Jackson, in said county, to any person or persons, or to the corporate authorities of said village, for the purposla of erecting thereon a public hall, to be used for intellectual, musical, dramatical, political| and other purposes. Sec. 2. The act passed May 5, 1877 (0. L.,* 74, p. 687), is hereby re- pealed. Sec. 8. This act shall take effect from its passage. THOS. A. COWOILL, Speaker of the House of RepresmJtaJtivm* R. G. RICHARDS, President pro tern, of the SenaU* Passed April 12, 1880. [Senate BiU No. 191] AN ACT To enable the oommissloners of Franklin connty, Ohio, to issne bonds for bnilding a bridge across the Scioto river, on West Broad street, Colombas. Section 1. Be it enacted by the General Assembly of the State of Ohio, That to enable the commissioners of Franklin county, Ohio, to raise money to build a bridge across the Scioto river, on West Broad street, Columbus^ Ohio, as authorised by an act passed March 18, 1880, they are hereby further authorized and empowered to issue the bonds of Franklin county, Ohio, in sums not less than one thousand dollars each, and not to exceed in the aggregate sixty thousand dollars, bearing interest at a rate not exceeding six percent, per annum, interest payable semi-annually; said bonds to be payable in not exceeding five years, and redeemable at the pleasure of the county commissioners at any time after tveo years; the proceeds from the levy of five-eighths of one mill for two years, upon the taxable property of said county, authorized by said act of March 18, 1880, to be applied to payment of said bonds and interest. Sec. 2. The said bonds shall be signed by the commissioners of said county, and countersigned by the auditor, who shall keep a record of all bonds issued, to whom issued, and when made payable ; said bonds shall be made negotiable, but shall not be disposed oi at less than their par value. t> Sec 8. This act shall take efifect and be in force from and after its passage. JOHN A. WILLIAMSON, Speaker pro tern, of the House of RepresentcUives. R. G. RICHARDS, President pro tern, of the Senaie. Paased AprU 12, 1880. 385 L Senate Bill No. 166.] AN ACT To aathorize the parohaae ot toll roads in Pickaway and Greene conntieey and to con- vert the same into free roads. Section 1. Beit enacted by the General Assembly of the State of Ohio, That, the commissioners of Pickaway and Greene counties, when petitioned to do 80 by not less than one hundred freeholders, citizens of the county, shall, ard they are hereby authorized and required to purchase any or all of the toll-roads, or parts of toll-roads, within their respective counties: provided, that, before such purchase is made, the commissioners of the county shall make an order submitting the purchase of said toll* roads to the electors re?*pectively of each of Siid counties, at any regular spring or fall election, giving at leant ten days' notice thereof, in at least two nf»wspap»-rs published in said county; and at such election the voters who are in favor of such purchafe shall inscribe on their ballot?, *' Pur- chase of toll r(»ads. yes ; " and those opposed thereto shall inscribe on their ballots, "Purchase of toll roads, no;" and jif, at any such election, a nnhjority ot tho-e votiug on said question are in favor of such purchase, the said commissioners may make such purchase, but not otherwise. The \ot#* on said question shall be returned by the judges of election to the clerk of the court of common pleas, who sfiall open, count, and de- clare the same, as in an election for county officers, and certify the same to the cciunty commissioners. S£C. 2. Ill case the vote ^o taken shall result in favor of the purchase, thre« disinterested appraisers of all the rovls proposed to be purchised shall be apuointed. as follows: One by said commissioners, one by the pn«bate judge of said county, and the other by the court of common pleas of SHid c unty, or a jodge of said court, resident of the subdivision in which Faid county is situate ; and said appraisers, after being first sworn faithfully and honestly todi^charge their duties in that behalf, shall per- sonally ir spect said roads so far as the same are within said county, and ejcaiuine into the receipts thereof, and the cost of maintaining the same for the next preceeding five years, and make and return in writing to said commi^sio lers a valuation of each of said roads. Skc 3. If the report of said appraisers is satisfactory to the com mis- eioners and the probate judge of said county, and they, or a majority of them, indorse their approval thereon, as to all or^ny of said roads, the commist^ioners chall t-ubmit to the company or companies of the road or • road^^ which have been so appraised, and the appraisal thereof approved as aforesaid, a proposition for the purctiase thereof, at a price not exceed-^ ing in any case Huch appraisal; and if such proposition is accepted by such company or c tmp^nies, the t«aid commissioners shall thereupon purchase the same, and take conveyance thereof from such company or companies and pay such company or companies in money, or in bonds to be iS'Ued as is hereof ter specified ; and thereupon such roads so pur- chased t^hall ccape to be toll- roads, and become free roads, to be kept in reuair in the manner prescribed in the revit^ed statutes of Ohio, passed June 20, 1879. She. 4. F»)r the purpose of paying for said roads, or parts of roads, said commihtfioners may issue bonds payable at such times, and in such amounts, as will be, as near as practicable, equal to the semi annual col- lection of taxes levied for that purpose, which bonds shall bear interest, not exceeding six per centum, payable semi-annually, which bonds may 23 386 be delivered to said companies in payment for said roads, or parts of roads, or sold for money at not less than their par value ; but none of said bonds shall run more than eight years from date : and for the pay- ment of said bonds, said commissioners are authorized to levy, annually, on the taxable property of said county, in addition to the taxes they are otherwise authorized to levy, such sum annually as will fully pay said bonds and the interest thereon : provided, however, that all lands or lots of land of said- county, which have been assessed for the construction of any road under said act of March 20, 1867, or the acts amendatory thereof or supplementary thereto, and the owners thereof who are required to pay the tax levied for such purchase, or any part thereof, shall be enti- tled to have repaid to them out of any tax they are so reauired to pay for said purchase, the amount of said assessment so paid by them or their grantors, which repayment shall in no instance exceed the amount of said tax they shall have so paid ; and, for the purpose of adjusting this refunding of taxes, the auditor of said county shall prepare a book of all such assessments paid in the county, in which shall be noted all amounts so refunded, and in no instance shall a greater amount be re- funded to any person than the assessment paid by him, and no tax shall be relunded but on the order of the auditor. Seo. 5. The said appraisers shall be paid by the county, upon the allowance of the commissioners, three dollars per day and their neces- sary expenses, for the time actually employed in the bueiness of their appointment ; and the county auditor and county treasurer, for their ser- vices under this act, shall be entitled to one-half of the lowest rate of fees now allowed to them by law for like services. Sec. 6. The sale under this act by any company owning a toll-road of such part of said road as lies within said county shall not affect their organization or rights as to such part or parts of their road as may be situate outside of said county. Sec. 7. This act shall take effect and be in force from and after its passage. Passed April 12, 1880. TH08. A, COWGILL, Speaker of the House of RepresentcUwes. R. G. RICHARDS, President pro tem, of the Senate, [Senate Bill No. 69.] AN ACT To amend an act entitled ** an act to enable the oomminionerB of Montgomery and War- ren counties to pnrchase toll roads, and to convert the same into free roads," passed and took effect May 10, 1878. (Ohio Laws, vol. 75, p. 1150.) Section 1. Be it enacted by the Oeneral Asserribly of the State of OhiOj That the above recited act be amended so as to read as follows : Sec 2. That the county commissioners of Montgomery county, when, in their opinion, the interests of the said county require the same to be done, may and they are hereby authorized and empowered to purchase any or all the toll roads within said county, as hereinafter provided. Sec. S. So soon as may be after the passage of this act, the said com- missioners shall make, an order to that efiect on their journal, and 387 thereupon, there shall be appointed three competent disinterested free- holders of said county in the manner following, to wit : One by said commissioners, one by the directors of said road, and one by the judge of the court of common pleas, residents of said county; and said appraisers, after being duly qualified to faithfully discharge the duties required of them by law, shall, within twenty days after their appointment, proceed to personally inspect and examine as to the net profits of each road, and appraise all the toll roads, in said county, together with the bridges and culverts thereon, at their actual value; and within forty days from the time of their appointment, said appraisers shall make and return, in writing, to said commissioners, the valuation or present worth in money of each of said roads, including the bridges and culverts thereon, but deducting therefrom the present value of any bridge or bridges built by said county, or ot any subscription or contribution made by said county toward the construction of the same ; said report shall separatelv state the money value of each road-bed less the right of way, of said road- beds, and the separate value of the bridge and culvert thereon. Sec. 4. That upon the filing of said report by said appraisers, if the appraised value of said roads shall be deemed reasonable, the commis* sioners shall submit to the owner or owners of said toll roads a proposi- tion for the purchase of the same, at a prioe not to exceed such appraisal ; and if such proposition is accepted, the said commissioners shall there- upon purchase the same, and take conveyance thereof from such owner or owners ; and to provide for the payment of said roads, said commis- sioners are hereby authorized to issue the bonds of the county at their par value, the payment of the same to be made in annual installments not to exceed seven years, and to bear a rate of interest, payable an- nually, not to exceed six percent.; and thereupon said roadd shall be declared free roads, to be kept in repair as hereinafter specified ; and in any and all cases the commissioners of said county may reserve the right to reject the appraisement or award, should they deem the same excessive, and thereupon said commissioners may appoint another board of appraisers, who shall have the same power as the first board had. 8ec. 5. For the purpose of paying the bonds named in this act, and interest thereon, the county commissioners are authorized and empow- ered to annually levy upon the grand duplicate of the county an amount, ) which, in thefr opinion, may be sufficient for the payment of said bonds and interest thereon ; and tor the purpose of keeping said roads in re- pair, the county commissioners are authorized and empowered to annually levy upon the grand duplicate of the county an amount sufficient to keep said roads in repair, which fund shall be known as a special pike fund, and shall be collected as other taxes, and shall be, and reiliain, under the control of the county commissioners; and to further provide for keeping in repair laid roads, there shall bj elected in each of the townsiiips of said county, wherein any of said roads, or parts thereof, may be situated, on the first Monday of April, 1881, and annually thereafter, one special pike commissioner, whose duty it shall be to keep in repair said roads, or parts of roads, in such township; and he shall do and per- form his labor upon said roads under the instruction of the county com missioners,. and receive from them, from time to time, such portion of the special pike fund as they may deem proper, to be paid upon esti- mate and upon the order of the county auditor. Said commissioner shall receive for his services two dollars for each and every day he may be ac- 388 taallv employed on said roads, but nothing in this act shall be so con- strued as to aay for tbe erect i< n, or repair, or fnrDiBbing of scbool-boufits in baid towubbip, and to I ay apy iodebtedDtaB on account of aame. Section 1. Be it enacted by the General Assembly of the Staie of Ohio, That the board of education of Bruth Creek township, in Scioto county, be and they are hereby autborizird to levy a tax, not ezcet^ding two mills on tbe dollar in any one year, in addition to tax now authorized by law, for the purpose of building any necessary new school-house or houses in said township, and for the purpose of paying any exif^ting indebtedness on account of building repairs, or refurnishing of school-houses now exibting in said township. Sec. 2. This act shall be in force from and a^ter its pas^a^e. THOS. A. COWGILL, Speaker of the House of RepreseniaJtines. R. G. RICHARDS, President pro tern, of the Senaifi. Passed April 13, 1880. [Hooae BUI No. 259.J AN ACT To protect and improve tbe pnblic park ground belonging to tbe people of Medina county, situate in tbe incorporated village of Medina. Section 1. Be it enacted by the General Assembly of the State of Ohio, That the ccm mission ers of the county of Medina are hereby empowered ar.d authorized to levy atax not toexcef done-tenth of one milloo the dollar, for the year one thousand eight hundred and eighty, on the taxable property of said county, for the purpose and to be expended in protecting and im- proving the public park grounds belonging to the county of Medina, and situate in the incorporated viSage of Medina, in said county. S&c. 2. Said levy, when made and collected as provided in section 390 one, shall be expended under the direction of a commission, consisting of the commissioners of said county and the mayor of the incorporated vil- lage of Medina. Sec. 3. Said levy, as provided in section one, when collected and re- ceived in the county treasury, shall be paid out by the county treasurer of said county, for the purpose designated in section one of this act, upon the order of the county auditor of said county, upon the commissioners of. said county of Medina certifying to said auditor, in writing, duly signed, that said money so levied and collected has been expended in accordance with the provisions of said sections one and two of this act. Sec. 4. The commission, as provided in section two, shall, imme- diately after the collection of said levy, proceed and make such improve- ments as a majority of all the members of said commission shall determine and propose. Sec. 6. No further levy shall be made for the protection and improve- ment of said park grounds until all of the money raised under the pro- visions of section one of this act has been expended for the purposes aforesaid, in which event, should a majority of the commission, as provided in section two of this act, deem that further protection and im- provement of said public park grounds are needed, said commission are thereupon empowered and directed to levy an additional tax, not to exceed one twentieth of a mill upon the dollar of the taxable property of said county for any one year; said levy to be expended as provided in sections one and two of this act, and to be drawn out of the treasury of said county upon the order of the county auditor, as provided in section three of this act. Sec. 6. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RepresentcUi^ea* R. G. RICHARDS, PresiderU pro tern, of the Senate. Passed April 13, 1880. [ House Bill No. 448.] AN ACT To anthorize the oommiBsioners of Soioto oodnty to levy a tax for the completion of the Dnck Run and Renshaw and Laoasville and Bear Creek free turnpikes. J| Section 1. x>o u etiauicd by the General Assembly of the State oj Ohio, That the commissioners of Scioto county be and they are hereby authorized and req.uired to levy a tax, of not to exceed one-half of one mill (^) on the dollar of the duplicate valuation of the taxable property of the county, for 1880 and 1881, to be used in the completion of the Dack Run free turnpike, from its present terminus at A. R. Throckmorton's to the in- tersection of the same with the Mount Joy free turnpike, at a cost not to exceed four thousand dollars ($4 000.00); and in the completion of the grading and graveling of the Renshaw road, from Portsmouth and Uolumbus turnpike ti the Cemetery turnpike, at a cost not to exceed nine hundred dollars ($900.00) ; and the Lucasville and Bear Creek free tura- Sike, frooa the Portsmouth and Columbus turnpike, by way of S jioto river ridge, to the Bear Creek free turnpike, %t a cost of not to exceed fifteen . 391 hundred dollars (91,500.00); and the said commissioners shall expend out of the tax now authorized by law, in each of the years 1880 and 1881, that sum for each road authorized to be finished, which shall be in pro- portion to the total amount so authorized to be levied. Sec. 2. This act shall be in force from and after its passage. THOS. A. COWGILL, Speaker of the Home of RepreseifUaHves. k G. RICHARDS, PreshderU pro tern, of ths SencUe, Passed April 13, 1880. [Honse Bill No. 367.] AN ACT To anthorize the city conDcll of the city of Xenia, Qreene coaaty, to issae boads for the' purpose of pnrchasing asaitable building and grounds, or site, and erecting thereon a city work-honse. 25^ ^^^ o Section 1. Be it enacted by the Oeneral AssenMy of the SlaJte of Ohio, That the city council of the city of Xenia, Greepe county, be and the said coun- cil is hereby authorized to issue the bonds of said city, in any sum not exceeding ten thousand dollars ($10,000), bearing interest at a rate not exceeding six per cent, per annum, from the date of issue, payable semi* annually, for the purpose of purchasing a suitable building and ground, or for purchasing a site, and erecting thereon a city work-house. Sec 2. Said bonds shall be signed by the president of the city coun- cil and countersigned by the clerk of said city. They shall not be sold for less than their par value, and shall be issued in such amounts, respectively, as will, in the judgment of said council, best subserve the negotiation and sale thereof. The principal shall be payable at such times as the council of said city may determine by ordinance, within a period not exceeding twenty years. Sec 3. Before such bonds shall be issued, or before any contract shall be made for the purchase of suitable building and grounds, or purchas- ing of ground and the erection of said city work-house^ the question of such issue and contract shall be first submitted to the voters or said city, at some general or special election, to be held at the usual places of hold- ing elections therein, and at such time as a majority of the members elected to said council by resolution shall determine, of which ten days' notice shall be given in two newspapers of general circulation in said city, designating the time of such election and the proposed amount of bonds to be issued. Those in favor of the erection of said city work- house and the issue of said bonds shall have written or printed upon their ballots, "City workhouse, yes;" and those opposed, *^ City work- house, no." The city clerk shall provide the necessary ballots for the use of electors of said election, which shall be conducted in accordance with the laws of the state ; but the returns thereof shall be made to the city clerk, who shall present the returns so made by him to the city council at their next regular meeting thereafter, when the same shall be opened and canvassed by said city council, and the result declared knd entered upon the minutes ; and if ,it shall appear that a majority of the ballots voted at said election had upon them, " City work-house, yes,'' \ 392 then said council may proceed to issue eaid bonds, and contract for a suit- able building or grounds, or for the purchase of a site and the erection of said work-house, and not otherwise. Sec. 4. This act to take effect and be in force from aqd after its passage. THOS. A. COWGILL, Speaker of the House of R^presentaliv^ R G.RICHARDS, PreffiderU pro tern, of the SenoEte. Passed April 13, 1880. [Uoiue BiU No. 480.] AN ACT To anihorize tbA trustees of London and JfiCkson townships in Seneoa county, Perry township in Wood county, and Wahhington townnhip in Hancock connty, to l*yvj taxes to improve the pablio highways in said townships. Section 1. Be it enacted by the General Assembly of the State of OhiOy That the boards of trustees of said ^townships be and they are hereby author- ized to levy and assess upon the taxable property of their townships respectively, including such part of the village of Fostoria as is situated therein, a tax not exceeding three (3) mills upon the dollar valuation of such property in addition to other taxes authorized by law for each of the years 1880, 1881, 1882, 1883, and 1884, for the purpose of macadamiz- ing and improving the public highways in said townships respectively, outside the corporate limits of said village, and for no other purpose : provided, the question oi making such levy be submitted to the electors of each of said townships by its board of trustees at a special election, to be held within twenty days after the passage of this act, due notice of which shall be given by the posting of advertisements at six of the prin- cipal public places therein at least ten days prior to the time fixed for holding the election, and a majority of the votes cast at such election be in favor of such taxation. Beg. 2. That the taxes so authorized to be levied shall be placed upon the duplicate of said counties •respectively, collected as other taxes in money, and when collected shall be paid to the treasurer of the respec- tive townships from which the same were collected, and be under the control of the trustees thereof, for the purpose herein specified. Beg. 3. That said townships shall oe exempt from the levy and col- lection of taxes for road purposes by the county commissioners, until the county levies for road purposes equal the amount levied upon said town- ships respectively in accordance with this act. And when the total rates of county levies for road purposes exceed the total rates levied under uthority of this act, saia townships respectively shall be liable to county levy to the extent of such excess and no more. Sec. 4. This act shall take effect on its passage. THOS. A. COWGILL, Speaker of the House of Representaiivea. ^ R. G. RICHARDS, President pro tern, of the Senate, Passed April 13, 1880. 393 [Honae BLIL No. 486.] AN ACT To authorize the tragtees of certain towDships in Patnam ooanty, state of Ohio, to leyy taxes to improve the public highways in said townships, and for other purposes. Section 1. Be it eruicted by the General AaserrMy of the Sta*e of Ohio, That the board of trustees of the several tov^nsbips, to wit: Vaa Buren, Lib- erty, Palmer, Monroe, Perry, Greensburg, Ottawa, Bianchard, Riley, Pleasant, Union, Jackson, Monterey, Jennings, and Sugar Creek, in the county of Patnam and state of Ohio, be and are hereby authorized to levy and assess upon the taxable property of their townships respeo^ tively, including the villages situated in any of said townships, a tax not exceeding four mills in anyone year upo|i the dollar valuation of said taxable property in addition to other taxes authoriz'^d by law, for a period not exceeding twenty years, for the purpose of improving by macadamizing and graveling the public highways in said townships re- spectively as may be deemed expedient or necessary by said boird of trustees of said townships and for no other purposes : provided, the question of making such levy be submitted to the electors of each of said townships by its board of trustees at a special election to be held within said townships at the usual place or places of holding elections, at any time after the passage of this act, due notice of which shall be given by the posting of advertisements at five or more of the principal places at each of said townships at least ten days prior to the time fixed for hold- ing said election (the tickets to be voted at said election shall have writ- ten or printed thereon the words, "Road improvements. Yes," or, "Road improvements, No"), and a majority of the votes cast at such election be in favor of such taxation the said trustees of said respective townships shall be required, upon the petition of twenty or more tax-payers of said townships, to issue a call for said election. Sec. 2. That the taxes authorized to be levied shall be placed by the county auditor upon the taxable property of the township so voting said tax, to be collected by the county treasurer as other taxes in money, and when collected shall be paid to the treasurers of the respective town- ships from which the same were collected, and be under the control of the trustees thereof for the purposes herein specified : provided, no such taxes shall be levied on any lands which have heretofore been assessed specially for the construction of any macadamized or gravel road already constructed at the time of the levy of the tax herein provided, unless the amount that would ratably be levied on such lands exceed the amount of such, special assessment, and in such case such excess only shall be levied and collected. Seo. 3. That said townships so voting said tax shall be exempt from the levy and collection of taxes for road purposes by the county com- missioners until the county levy for road purposes equal the amount levied upon said townships respectively in accordance with this act. Sec. 4. For the purpose of raising the money necessary to meet the expenses of such road improvements by macadamizing and graveling, the township trustees of such townships as have authorized levies to be made for such purposes shall issue the bonds of said towns lips in sums of five hundred or one thousand dollars each, payable at such times and places as they may deem advisable, with interest not exceeding six per cent, per annum, payable semi-annually, and which bonds shall not be sold for less than their par value : provided, that no levy or assessment 394 • shall be made to pay any part of the principal \of said bonds for the period of fifteen years. Sec. 5. A majority of the board of trustees of sach townships 'as have authorized said tax to be levied shall be necessary to agree upon specification^ and order said road improvements or any part thereof, and the work of the construction of such roads shall be let publicly by the said township trustees for their respective townships, to the lowest re- sponsible bidder, after due notice given of such letting by the publica- tion in one or more newspapers published or of general circulation in the county, or by hand bills, or both ; for that purpose the said trustees for tbeir respective townships shall cause the same to be divided into convenient sections, and said sections numbered from some given point as a place of bes^inning toward the termination, and shall let the same by sections, with proper specifications of the work required on each sec- tion, and bidders shall be required to separately state their bids for the work to be performed in such manner as the trustees shall provide, and each contractor shall be required to give bond with good and sufiicient securities to the acceptance of the trustees for the faithful performance of his contract. Sec. 5. This act shall take efiect and be in force from and after its ' passage. i THOS. A. COWGILL, Speaker of the Hrmae of Representatives. R. G. RICHARDS. President pro tem. of the SenaU. Passed April 13, 1880. ;[Seiiate BiU No. 184.1 AN ACT To authorize the commiB8ioneiB|of Nohle conoty to constraot oertain'^ftee tarnpike roada. Section 1. Be it enacted by the Gfenerai Assembly of the State of Ohio^ That it shall be the duty of the county commissioners of Noble county to con- struct the following free turnpike roads : First — To begin at a point on the Williamsburgh and Summerfield tarnpike, at or near Edward Roe's gate ; thence running as near as prac- ticable on the line of the old Calais road to the Monroe county line. Second — To begin at a point on the Williamsburgh and Summerfield turnpike, in the town of Williamsburgh, where Mill street intersects said pike ; running thence on the line of the Temperanceville road to the Belmont county line. Sec. 2. That the commissioners of said Noble county shall pay for the construction of said free turnpikes in the bonds of the county, which bonds they shall issue, payable at such times as they may deem best, not exceeding five years from date ; said bonds to bear interest at a rate not exceeding six per cent, per annum, payable semiannually on the first day of January and on the first day of July. Sec. 3. Said roads shall be macadamized with lime-stone, and shall be built under the supervision of a competent engineer, appointed by the commissioners, who shall receive five dollars per day K>r his ser- vices. 395 Sec. 4. That to pay the interest on said bonds, and to provide a sink- ing fund for the final redemption of the same, the commissioners are hereby authorized to levy upon the taxable property of said county a tax, not exceeding one mill on the dollar in any one year. Sec. 5. This act shall take efiect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the^Hcnse of Representatives* B. G. RICHARDS, Pre6ident pro tern, of the Senate. Passed April 14, 1880. [Honse BUI No. 7.] AN ACT To authorize the auditor of Batler county to refund taxes erroneouBly paid by Sarah A. Reeder and her heirs. Section 1. Be it enacted by the General Assembly of the State of OhiOj That the auditor of Butler county, in said state, be directed to inquire into the claim of Sarah A. Reeder and her heirs at law, of said county, for taxes erroneously paid into the treasury thereof, to the amount of three hundred dollars ($300.00), and if, upon investigation, he shall be satisfied that said sum, or any portion thereof, was erroneously paid by said Sarah A. Reeder or her heirs as aforesaid, that then said auditor is hereby au- thorized and directed to draw an order on the treasury for the sum that has been erroneously paid, without including interest, and the said treasurer shall pay the amount out of any unexpended funds in said county treasury ; and at the next annual settlement occurring after the payment of said amount, the auditor shall deduct from the several funds their proportional amount of the sum thus paid on his order. Said auditor is authorized to receive and hear testimony to determine said amount. Sec. 2. That this act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of Representativet. R. G. RICHARDS, IVesident pro tern, of the Senate. Passed April 14, 1880. [House BiU No. 496.] AN ACT To amend an act entitled *^ an act to authorize the county commissioner of Henry county, ;^Ohio, to issue bonds to build a court-house, jail, and sheriff's residence." "IBection 1. Beit enacted by the General Assembly of the Stale of Ohio, That section one of the ahove entitled act be amended so as to reid as foUov^s : That the commissioners of Henry county, Ohio, for the purpose of raising money to build a court-house, jail, and sherifiTs residence, in Napoleon, Henry county, Ohio, be and are hereby authorized and em- 396 powerf d to issue the bonds of paid Henry county in sums of not less than one tboufand dollars each, and in the aggregate not to exceed one hun- dred tbcuFt^nd dollarE*^ Tvbich bonds shall have proper interest coupons attached, ai d bear a rate of interest not exceedirg fix per centum per annum, paytble on the first days of January and July. The payment of the priijci] al of paid bonds shall not be defered beyond a period of twenty years, and thall be payable at the pleasure of the commissioners after ten years. Sec. 2. That the original section one of said act is hereby repealed. Silc. '3. This act to take efiect and be in force from and after its date. THOS. A. COWGILL, Speaker of the House of Reprfsentatives. R G. RICHARDS, PreMerU pro tern.' of the Senate, Passed April 14, 1880. \ [Hoa8e3illNo.449.] AN ACT To authorize tbe penrartDt tracfifer of the balarce of the Colambna street improTement Iniid of Brock lyn Tillage, to tbe road fiiLd of 6aid village. Section 1. Be it enacted by the General Assembly of the State of Ohio^ That Ihe ccuncil of the inaijOTattd v)lJage of Brooklyn, Cuyahoga county, Ohio, be and the same is hereby authorized to permanently transfer the lalaice d the Columbus street improve ment fund, amounting to the eum of three hurdrtd and thirty-five (335) and 38-100 dollars, to the road fund of said Brooklyn village. Sec 2. This act shall take efiect and be in force from and after its paa- sage. THOS. A. COWGILL, Speaker of the Houfie of RepreseniajUves. R. G. RICHARDS, President pro tern, of the Senate. Passed April 14, 1880. [Honae BiU No. 82.] AN ACT To airerd an act entitled ** an act to antbcn'se Ibe coroxnisaioDerB of Hardin oonnty to ra> tie iD<)ebt«cli>efiB of tbe agricultoxal society of said ooanty/' paaeed Jane 7, lb79. (O. L. vol. 76, p. 291.) fECQ iCN 1. Be it enacted by the General Assembly of the State of OhiOy That section one (1) of the above entitled act be so amended as to read as fol- lows : Section 1. Ttat for tbe purpose of paying tbe indebtedness of the Esidin covnty agricultural society, not exceeding three thousand dol- lars, tbe ccunty con mi^FicnerF ol ^aid county are hereby authorized, iiODQ }(tsr to year, until the Fame is paid, to apply so much as may be needed ior tLat purpose, of any lunds that may remain from the per capita 397 tax upon dogs, after the payment of all claims for sheep killed or in- jured, as provided in section 42L5 of the revised statutes of O no 'SfiC. 2. That said original act be and the s^me is hereby repeal«)d; and this act shall take effect and be in force from and aftnr its ^is^age. THOS. A. COVVGTLL, Speaker of the Hmise of RffpreaerUcUivee, R. G. RICHARDS, Prenident pro tern, of the Senate, Passed April 15, 1880. [House Bill No. 452.] AN ACT To anthorize the oomminsioners of UknciiH)a oianty to grade and m»o%d%naize the Fer- gUHon road and the Bddgetiwn road, from the Shore-line and Liok nu luropike to the Maddy-creek pike. Section 1. Be it enacted hy the Omeral A^semh^y of the Sate of Ohio, That the commissioners of HimiUoa coan^»y be and they are hereby auth)r- ized to grade and macadamiz) so much of what is known as the F.^r4U- son road as extends frona the Short line and Lick run turnpike to its in* tersection with the Brids;et<)wn roid, and so much of rtaid Bri'lg-)to«¥n road as lies between said intersection and Maddy-creek turapikn, all in Greene township, and to pay the cost of the same out of any unezp^ndad balance in, the road fund of said county. S£c. 2. This act shall take eSdot and be in force from and after its passage. THOS. A. COWGTLL, Speaker of the HmtM of Rfjtresentatives. R G. RICHARDS, Preeident pro tern of the Senate. Passed April 15, 1880. v [HoDse Bill No. ,140.] AN ACT To attthorize the coraoaissioDers of W^yandot connty, Ohio, to pay nnpaid bonnt.y money to soldiers of company h\ 101st regiment, O. V. I., in the war of the rebellion. Section. 1. Be U enacted by the General Asaemhty of the State of Ohio, That the commissioners of Wyandot county shall, alter the passage of this act, ascertain as nearly as p )S8ible the numbf^r of persons who enlisted from said county, in company F, of the lOlst regiment, Oaio voluntper in- fantry, in the late war of the rebellion, and piy to each one of said sol- diers, or his legal representatives, out of any funds* in the county treis- ury which may have ever been collected as a bounty or relief fund for soldiers of said war, and transferred to the county fund of said county,* the sum of sixty dollars, or money enough to make the ditferenca between what has already been paid to such soldier, and one hundred dollars. Sac. 2. The said commissioners and the auditor of said county of 398 Wyandot are hereby empowered and required to re-transfer any fund in the treasury of said county that came from bounty or relief funds back to the Foldiers' bounty fund for the purpose of paying the bounty men- tioned in section one of this act, and should there not be a sum sufficiently large to pay all of said bounty funds to said soldiers of said company F, 101st regiment, O. V. L, then said commissioners are required to raiae the balance of such funds by direct taxation, to be levied and collected as other taxes are. Bec. 3. This act shall take effect and be in force on its passage. • THOS. A. COWGILL, Speaker of the Houee of RepreseniativeB, R. G. RICHARDS, PreiidefU pro tern, of the Senate, Passed April 16, 1880. [Honae BiU No. 395 ] AK ACT To authorise the council of the viUage of West Cleyeland, Ohio, to tranfifer the moneji now to credit of the sinkin^r ftind and inteiest innd of said Village to the load fond snd general fund of said village. Section 1. Be it evacttd bv the General Assembly of the State of Ohio, That the council of the village of West Cleveland, Cuyahoga county, Ohio, be and is hereby authorized to transfer from the moneys now to the credit of the sinking fund of said village the sum of five hundred dollars to the general fund of said village, and the sum of twelve hundred and twenty- four and 38 100 dollars ($1,224.38-100) from said sinking fund to the road fund of said village, and the sum of two hundred and seventy- seven and 26 100 dollars ($277.25-100) from the interest fund of said vil- lage to the road fund of said village. 8ec. 2. That this act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the Houee of Representatifm. * R. G. RICHARDS, President pro tern, of the Senate, Passed April 15, 1880. [Senate BiU No. 237.] AN ACT To authorize the commiBsionerB of Van Wert county, Ohio, to transfer fnnds from tax on dogs to the Van Wert county agricultural Bociety. % Section J . Beit enacted by the General AssemMv of the State of Ohio, That the ccmmipsionerB of Van Wert county, Ohio, be and they are hereby authorized to transfer to the Van Wert county agricultural society any funds in the trea£ury of uaid county raised uom the taxation of dogs, and not used or necessary for the purpose for which it was raised, the 399 Bum of one thousand dollars, to be used by said society for the payment of its debts and improvement of its grounds. Sec. 2. This act shall take effect and be in force from and after its passage. THOS. A. COWGILL, SpeaJcer of the Howe of Bepresentativei. B. G. RICHARDS, Prtrident pro tem. of the Senate. Passed April 16, 1880. [House Bill No. S43.] AN ACT To establiflh ft high school district in Lemon and Liberty townships, Bntler connty, and Turtle Creek township, Warren connty, Ohio. Section 1. Be it enacted by the Oeneral Assembly of the State of Ohio, That the territory comprised in the southern precinct of Lemon township, Butler county, Ohio, and so much of the territory of Turtle Creek town- ship, Warren county, Ohio, as is now included in sub-school districts numbered eight and ten, of said Lemon township, Butler county, Ohio, with so much of the territory lyin^ in the nortnern precinct of said Lemon township as is now included in sub-district^ school number eight, of said Lemon township ; and the territory comprised in the school dis* trict known as Oak Hill, and also known as su1>district school number two, in Liberty township, Butler county, Ohio, be and is hereby declared to be a special high school district, to be known as the Monroe hi^h school district : provided, however, that a majority of the electors within said territory shall vote in favor oi said special school district, at an elec- tion to be held in the manner following : Sbc. 2. That written notices shall be posted in three of the most pub- lic places in each school district in said territory, at least ten days before saia election, signed by at least ten resident electors of said territory, requesting the qualified electors thereof lo assemble on a day, at an hour and place designated in said notices, thSn and there to vote for or against the creation of said high school district. The electors assembled at the time and place designated in said notices shall appoint a chairman and two clerks, who shall be the judges of said election, which shall continue for at least four hour^, and shall not close before six o'clock P.M. The elec- tors in favor of said high school district shall have written or printed on their ballots the words, *^ High school district, yes," and those opposed thereto the words, '^ High school district, no ;" and if a majority of the ballots so cast are in favor of said high school district, it shall be created| otherwise not. Sec. 3. That, should a majority of the ballots so cast be in favor of said high school district, the clerks of the several boards of directors of the several sub-districts composing said high school district shall consti- tute the board of education of said high school district ; and said board last named shall be governed by, and the school under its control shall be constituted in accordance with the provisions of this act, and the gen- eral laws of this state relating to public schools, as far as said laws are applicable. Sec. 4. That said board last mentioned shall establish and maintain 400 a hiffh school, which shall be located in the village of Monroe, in said territory, to which school the youth of school age of said high school shall be admitted free of charge, and to which pupils, non-residents of said district, may be admitted upon such terms as the board thereof may prescribe, as provided by the laws aforesaid. Sec. 5. That said board shall, as soon as practicable, procure, by lease or purchase, as may seem most expedient t^ said board, a site in said vil- lage for said school, and to erect thereon, if necessary, and to furnish a school-bouse in which to conduct said school, at a total cost, for site and furnished house complete, of not more than six thousand dollars; far which purpose said board are hereby authorized to borrow money, if exp^^dient, in amount not exceeding said sum, and to issue bonas therefor; said bonds shall be in such sums, not le s than one hun- * dred dollars each as such board shall determine; phall be numbered con- secutively; shall bear interest at a rate not to exceed six per cent, per annum, payable annually; st all be dated the day the purchase money therefor thall be received; shall be made payable to bearer; shall be signed by the president and clerk of said board, ofiiciallv; and shall not be eold for less than their par value. The clerk of said board shall keep a record of the numbei, date, amount, rate of interest, the price for which sold, the name of the purchaser, and the time for payment of each bond sold ; which record Bball be open for inspection at ail reasonable times. Sfcc. 6. That at least three hundred dollars, and not more than five hundred dollars, of the principal, in addition to all the interest due on the entire principal, shall be paid each year; and in order to secure the money tor the ftayment of said indebtedness, said board shall levy a tax up:>n the property subject to taxation within said high school district, each year, until said indebtedness shall be entirely paid, and shall cer- tify said levy, annually, to the county auditor, who shall place the sime upon the tax duplicate in the same manner as other taxes certified by boards of education are required to be placed thereon. Sfic. 7. That, for the purpose of conducting and maintaining said high school, said board shall, annually, levy a tax, not esceeding five mills on the dollar, upon all the property subject to taxation within said district last named, which tax shall be certi^ed and placed upon the tax duplicate, in the same manner a^ the tax specified in section six (6) of this act ; and the tax mentioned in this and the preceding section of this act shall be collected and paid over to tne officers and persons entitled thereto, in the spme manner as are other taxes levied and certified by boards of education. Sec. 8. That any school district adjacent to Faid territory may become a part of said high school district, upon such terms and condi- tions as the board of education of said high school district, and the board of directors or education, as may be, of said adjacent district may agree to, if said terms and conditions shall be ratified by a maj irity of the electors of Paid high school district, and by a majority of the electors of said adjacent district, at an election to be held between the hours of two and six o'clock P M., of a day to be agreed upon by the said board, at a polling place within said high school district, and in said adjacent dis- trict, to be dpftignated by the boards of the said districts. Sec. 9. Written or printed notices, containing the terms and condi- tions aforesaid, and specifying the time and respective places of holding said election, and signed, cfficialy, by the clerk of the high school, or adjacent district, as may be, in which said elections are to l^ held, shall 401 be posted, at least ten days before said election, in at least tbree of tbe most public places in each of said special or sub-districts interested, re- questing the electors of said district to meet at the time and respective places mentioned, then and there to appoint a chairman and two clerks, who shall he judges of the said elections, and proceed to vote for or against the ratification of said union of districts, upon the designated terms and conditions. The electors in favor of said union shall have written or printed on their ballots the words, '* Ratify, yes," and those opposed, the words, ''Ratify, no." Immediately after the close of said election, the judges thereof shall count the ballots cast, and make return of the result, in writing, in form, as near as may be, the same as in other school elections, to the clerk of each board mentioned in section eight (8) hereof; and one of the judges shall deliver said returns, in person, on or before the day of meeting mentioned in the next section (lO) of this act. Sec. 10. That on the Monday next following said election, the boards mentioned in section eight (8) shall hold a meeting, at which said re- turns shall be read, and the result of said election, as shown by said returns, shall be entered in the minutes oi said meeting. If a majority of the votes cast in each of said districts mentioned in section eight shall have been in favor of the said union, the said adjacent district shall be a part of said high school district, subiect to ^erms and conditions afore- said. The clerk of said high school aistrict shall, officially, notify tbe county auditor of this fact, and the auditor shall act accordingly m all his duties relating to said districts, as now required by law. Sec. 11. That it is the intent aud meaning of this act to confer upon the districts herein mentioned the benefits of a high school, in addition to the schools already existing therein ; but in no other way toaJBTect the existence, rights, liabilities, or condition of said districts, and of the schools therein. Sec. 12. That this act shall take effect and be in force from and after its passage. THOS. A. COWGILL, Speaker of the House of RepreeeniaiiveB. R. G. RICHARDS, PreriderU pro tem. of the Senate. Passed April 16, 1880. [Senate BUI No. 4S.] AN ACT To divide tbetowDihlp of JeJSerBoii| Montgomery oo an ty, into five election prednotSi Section 1. Be it enacted by the Oeneral AuernJbly of the State of Ohio^ That the township of Jefferson, in Montgomery county, be and hereby is divided into five election precincts, as follows : PRBCINCT NUMBBB ONB. Sbc. 2. ' All of the township of Jefferson, in the county of Montgomery, except the lands therein owned by the national asylum for dieamed vol- 26 402 unteer soldiers, and known as the soldiers' home, shall be and constitute one election precinct, and be designated as Jefferson township precinct number one. PRECINCT NUMBER TWO. Sec. 3. All that part of the lands belonging to said soldiers' home, which are described as follows, to-wit : Bed by the Ckneral Au&mJbly of the State of OhiOf That a commit- tee of two on the part of the senate and three on the part of the house be appointed to wait upon the governor, and inform him that the gen- eral assembly is now in session, and ready to receive any communication he may wish to transmit. THOS. A. COWGILL, ^ Speaker of thx House of Repreemtaiives, R. G. RICHARDS, President pro tern, of the Senate. Adopted February 4» 1880w 27 418 {Senate Joint Besolation No. 4.] JOINT BBSOLUnON Providing for the appointment of a oommittee on joint rales for thegoyemment of the senate and house of representatives. Be U resolved by the Oeneral Asaembly of the State of Ohio. That a Joint committee of three on the part of the senate and five on the part of the house be appointed on joint rules. THOS. A. COWGILL, SjaeaJcer of the Home of RemessfUaHoee, R. G. RICHARDS, PresidMt pro tern, of the Senate, Adopted February 4, 1880. [Senate Joint Besolation No. 2.] JOINT RESOLUTION ProTidinic for joint oonyention of both honses to oonnt the vote. Be it resolved by the Otneral Amembly of the State of OhiOj That the two houses of the general assembly meet in joint convention, in accordance with the provisions of section 88 of the revised statutes, on Wednesday, January 7, 1880, at 11 o'clock A.M., and count the votes for state officers at the election held on the second Tuesday of October, 1879. THOS. A. COWGILL, Speaker of the House of Bepresentatioes. R. G. RICHARDS, President pro tern, of Uie JSen/ote. . Adopted February 4, 1880. [Senate Joint Resolution No. 3.] JOINT RESOLUTION Providing for appointment of joint oommittee to arrange lor tlie inangaration of the governor-elect. Be U resolved by the General Assembly of the StaU of Ohio, That a joint com- mittee, consisting of two on the part of the senate and three on the part of the house, be appointed to mate the proper arrangements for the in- auguration of the governor-elect on Monday, January 12, 1880 THOS, A. COWGILL, Speaker of the House of BepresentatiMs. R. G. RICHARDS, A J- * jw t. ^ ^o«/. PresidefU pro tern, of the SmUe. Adopted February 4, 1880. 419 [SnlNititate far House Joint Besolntioii No. 6.] JOINT RESOLUTION Proy{ding copies of the leyised statntes for county infirmKries. WhebeaB) The act to provide for thS printing and distributing of the revised statutes, p^sed June 23, 1879, excepted the directors of infirm- aries in^the distribution of said statutes; therefore, Be it resolved by the OenercU Assembly of the State of Ohio^ That the secretary of state be directed to forward to the auditor of each county of the state, wherein is a county infirmary, one copy of the' revised statutes of Ohio, to be delivered to the directors of the county infirmary, to be kept at their ofiSce as the property of said infirmary, for the use of the directors and superintendent thereof. THOS. A. COWGILL, Speaker of the House of ReprestnUxiivee. R. G. RICHARDS, PresidevU pro tern, of the Senate, Adopted February £, 1880. £ Senate Joint Eeeolation No. 17. | JOINT BESOLUnON . Requesting the secretary of state to report to the general assembly wliether or not be has received the electrotype plates of the revised statutes, as provided by law. Be it resolioed by the General Assembly of the State of OhiOj That the secre« tary of state be and^ he is hereby requested to report to the general asiEiembly whether he has received the electrotype plates, as provided in section seven thousand four hundred and forty-eight of the revised stat- utes, and if not, the reason therefor. - THOB. A. COWGILL, ,&)eaker of the House of BepresentaHves, R. G. RICHARDS, President pro tern, of the SemUe* Adopted February 6, 1880. [Senate Joint fietolation No. IL] JOINT BESOLimON Providing for the printing and binding of additional copies of the report of tlie secre> tary of state, lor distribution among the membera. Be U resolved by the General Assembly of the State of Okioj That there be printed sixteen thousand copies of tne report of the secretary of state for the year 1879, for the use of, and to be eoually distributed to, the mem- bers of the present general assembly. To determine what,numl)er of such reports are to be printed in German, it shall be the duty of the sec- retary of state to ascertain from each member of the ffenem assembly what number of the copies he is entitled to receive he wishes in the German language. The aggregate number so determined shall be the number authorized to be printed in German, and they shall be distrib* ^ 420 « uted accordingly : proyidedy that in the printing of the copies herein provided for, there snail be no charge for composition. .And the supervisor of printing is hereby directed to have the copies of said report provided for herein, and also those provided for by law, bound in znuslin in the usual manner. THOS. A. COWGILL, Speaker of the Home of Representatives* R. Q. RICHARDS, President pro tern, of the Senate. Adopted February 6, 1880. [8enate Joint Resolixtion Ifo. 14.} JOINT HESOLUTiaN lastraot^Dg setiators and reqnoBting Repreflentativee fix>m the state of Ohio, in the can* gtem of the United States, to nee their inflaence for the epe^dy pn^Hjage of a bUl ** to amend the statatee in relation to the immediate transportation of datiahle goods.'^ Beit resdved by the Senate and House of Representatiffes of the Slate of Ohio, in Legislature assembled, That, Whereas, A bill has been introduced in the house of representatives of the congress of the United 8tates, entitled ^* a bill to an^end the stat- ^ utes in telatipn to the immediate transportation of dutiable goods f and, Whereas, Such bill has been referred to the commititee of ways and means of the said house for consideration ; and, WhereaS; The passage of said bill would be a great and lasting bene- fit to the state of Ohio, and to all the interior states, by reason ol liber- ating their foreign trade from existing imfxediments, and giving to the ports of entry of such states their constitutional equality with seaboard ports; therefore. Resolved, That the representatives in congress and the United States senators from the state of Ohio are hereby requested to do all in their power to procure a speedy passage of the said bill. THOS. A. COWGILL, Speaker of the House of RepresentoHffes^ R. G. RICHARDS, President pro tern, of the Senate, Adopted February 6, 1880« t Senate Joint Beiolntion No. 16.] JOINT RESOLUTION Requesting the attornej-general for an opinion as to the benefits sectfred Iry tlife state in copy-Tiffhts under the statutes of the United States, and whether a state ean securer a copy-iTight and collect damage for infringement o/same. Be it resolved by the General AssenMy of the State cf Ohio, That the attor' ney-general be and he is hereby requested to report to this general assembly, at an early day — First— Whether the copy-rieht to the revised statutes by thp secretary of state secures to the state the benefits of the United States statutes upon the suhject of copy -rights 421 Beoond — If the state has or can secure a copy-right of the statutes. Third — If a person publishes and sells the same statutes, can the state Goilecect damages therefor, and prevent future infringement t THOS. A. COWGILL, J^[>eaker of the House of Representatives. R. G. RICHAEDS, Bresident pro tern, of the Sefuxte. Adopted February 6, 1880. v [Senate Joint Resolation No. 18. J JOINT RESOLUTION Providing* for a joint eoiomittee to report on the propriety and expense of erecting a govenu>r'8 maoaioa. Be it resolved by the Oenerci Assembly of the State of Ohio, That a joint com- mittee, consisting of three on the part of the senate and five on the part of the house, be appointed to oonsider and report upon the propriety and expense of erecting, upon grounds owned by the state, or purchasing, a suitable residence for the governor of the state and his successors in o^ce. Baid committee also to report, as far as practicable, such informa- tion respecting styles and plans, and appropriate locality of such resi* dence as may oe obtained without expense to the state, and also such further information as they may be able to furnish, pertinent to be known in case such purchase or construction should be undertaken by the .state. THOS. A. COWGILL, Speaker of the House of Repr£senlativ€8, R. G. RICHARDS, I^esident pro iem. of the Senate. Adopted February — , 1890. ' iHonse Joint Seaolntion No. 18.] JOINT RESOLUTION iiatlioricing tlie attorney -jrener*! to have copies printed of the record in the case of the of the Canal Elevator Company Yersns Matthews. Whereas, The case of the Canal Elevator Company versus Matthews, now pending in the supreme court of Ohio, will oe reached for hearing about March first ; and Whereas, The state of Ohio is the real party in interest in said case ; and Whereas, Property claimed by the state, of the value of twelve or fifteen thbusand aoliars, is at stake therein; and Whereas, The said eourt, before hearing such eases, requires that the record shall be printed ; therefore, Resohed by the General Assembly of the State of Ohioy That the attor- ney-general be and hereby is authorized to request the supervisor of 422 public printing to print a suitable number of copies of the record of said case, under the existing contract for state printing. JOHN A. WILLIAMSON, Speater pro tern, of the House of ReprederUaiivea. R. G. RICHARDS, President pro tem. of the Senate^ Adopted February 11, 1880. . [Senate Joint Resolation No. 19,] JOINT BESOLUnON Directing that. all new matter in bills amending any existing laws be printed in italics.* Resolved, That in all bills amending any existing law, all new matter contained in such bills be printed in italics, and authors of bills shall indicate such new matter by underscoring the same. THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, Ih'esidenjt pro tern, of the Senate, Adopted February 12, 1880. [Senate Joint Besolntion No. 25.] JOINT BESOLUTION providing for a Joint oommittee of inyestigation to visit the soldiers and sailors orphans home at Xenia, Ohio, and perform oertain duties therein named. Resolved^ That there be appointed a committee of two on the part of . the senate, and three on the part of the house, and that said committee are hereby instructed to visit the soldiers and sailors orphans home at Xenia, Ohio, at their earliest conyenlence for the purpose of taking tes- timony and ascertaining the loss sustained by the teachers and other employes of the state who suffered loss of property in the fire that occurred in said institution on the 16th day oi February, A.D. 1879, and that they report the loss of each individual to the general assembly. Also, that they investigate claims said to be due divers persons for labor performed and materials furnished in the construction of the new build- ing or in repairing the old ones. And that they recommend such action as they shall deem just after a full and fair investigation. And thev are hereby empowered to call for persons and papers, and to take sucm steps as shall enable them to carry out this resolution. THOS. A. COWGILL, Speaker of the House of Representatioes. R; G. RICHARDS, President pro tem, of the Senate. Passed February 26, 188a 423 [Honse Joint Beaolntion No. 23.} JOINT RESOLUTION ReqnoBiing the committee on public baiidini^ to examine into the distribntion of rooms » in the state hoose. Resolved by the Oenerdl Asumbly of the Skxte of OhiOi That the standing committees of the senate and house on public buildings and lands be and they are hereby requested to examine into the present assignment of rooms to the several departments of state located in the state house, and report at an early day what change, if any, should be made therein. THOS. A. COWGILL^ Speaker of the House of Representatives. R. G. RICHARDS, PresiderUpro tern, of the Senate* Adopted March 6^ 1880. [Honse Joint Besolntion No. 24.] JOINT RESOLUTION Providing for binding in mnslin the report of the state commissioner of common schools for 1879. Resolved by the Oeneral Assembly of the State of Ohio^ Thai the suprvisor of public printing be directed to have the report of the commissioner of common schools for 1879 bound in muslin. THOS. A. COWGILL, Speaker of the Hovse of Representaiives. R. G. RICHARDS, I^esident pro tern, of the Senate. Adopted March 6, 1880. [House Joint fiesolntion No. 13.] JOINT BEflOLUTION Requesting our senators and representatives in congress to enact a law regulating transportation of freight and passengers. Resdv^ by the Oeneral Assembly of the SUde of Ohio, (the senate and house of representatives concurring), That our senators and representatives in congress are hereby requested to enact such laws regulating the trans- portation of freight and passengers over the railroads within the United States as to protect the farming, manufacturing, and commercial inter- ests from the unjust and ruinous discriminations in rates of charges that now prevail ; and that the governor be requested to forward a copy of this resolution to each of our senators and representatives in congress. THOS. A. COWGILL, Weaker of the House of Representatives. R. G. RICHARDS, President pro tern, of the Senate. Adopted March 6, 1880. 424 [8ab. for Hoase Joint Besolntion No. S9.] JOINT RESOLUTION Providing for the sale of copies of the reyised statutes. Resolved by the Oenerai Axembly of the State of Ohio, That after haying supplied the several county auditors and public officers entitled to copies of the revised statutes, as required by law, if any copies remain in the hands of the secretary of state, he is hereby authorized to dispose of the same at the price authorized by law, and shall monthly make return of such sales to the auditor of state, and shall upon the certificate of such auditor pay the amount so received for the revised statutes monthly to the treasurer of state. Resolved, That after haying disposed of all the copies in his possession, the secretary of state is authorized to obtain from the county auditors of the state any surplus copies which they may have, and to dispose of them to purchasers as proyided for. in the above resolution. THOS. A. COWGILL, Speaker of the Home of RepresenXatives, R. G. RICHARDS, President pro tern, of the SeTuUe. Adopted March 9, 1880. [Senate Joint Resolution No. 8.] JOINT RESOLUTION Authorizing the printing and distribution of agrioultnral reports. Resolved by the Qeneral Assembly of the State of Ohio, That the secretary of state be authorized and required by law, under and in accordance with a law passed March 24, 1860, to proyide for the execution and supervi- sion of the state printing and binding, under tiie joint superyision of supervisor of state printing and the secretary of the state bo ird of agri- culture, to haye printed and bound twenty thousand copies of the report of the state board of agriculture for the year 1879, and twenty thousand copies for the year 18^3, of which ten per cent, will be printed in Ger- man, and the size of the type and mechanical execution to conform to the repdrt of said board for the year 1878 ; fiye thousand copies of the report of 1879, and fiye thousand copies of the report of 1880, to be sub- ject to the order of the state board of agriculture, for exchange and foreign distribution : fifteen thousand copies of the report of each of said years, 1879 and 1880, the secretary of state shall apportion among the i)resent members of the general assembly, the number of German copies or each member to be determined by list to be furnished the secretary of state by the committee on agriculture in each house, on which list shall be stated the names of members desiring German copies, and the number desired by each ; said reports shall be boxed up and directed to the members, in care of the county auditor in the county in which they respectively reside, and it shall be the duty of said county auditor to notify the respectiye members within ten days after the receipt of said reports, and if not remoyed by the person to whom directed, or on his written order within thirty days, then the rei)orts are to be deliyered b^ the auditor to the secretary of the county agricultural society for distri- bution. The charge for transportation of said reports, as well as all the 426 • charges for boxes, ehall be paid for in the same manner as is or may be provided by law for the distribution of the laws and iournals : provided, that said copies shall be printed and delivered to the state binder not later than the fifteenth day of July, 1880 and 1881, respectively. JOHN A. WILLIAMSON, Speaker pro tern, of the House of RepresenUUivee. R. G, RICHARDS, President pro tern, of the Senate, Adopted March 9, 1880. [House Joint Beaolntion No. 33.] JOINT BE80LUT10N Providing for the distribution of labor statistios. Resolved by the General Aasefmblyof the StaJte of OUo^ That there be printed four thousand additional copies of the third annual report of the com- missioner of the bureau of statistics of llibor, to be distributed as fol- lows : thirty-four hundred for the use of the general assembly, five hun* dred for the commissioner, and one hundred for the state library, and that additional fifteen hundred copies of said statistics be printed in the German language, for the use of and to be equally distributed to such members of the general assembly as may desire them. THOS. A. COWGILL, Speaker of the House of Repre»evUaJlives. R. G. RICHARDS, PreridevU pro tern, of the Senate. Adopted March 11, 18^)0. [House Joint Besolntion No. 47. J JOINT BESOLUnON Relating to land at Xenia, Ohio. ' Whbrbas, The governor, treasurer, and attorney-general, by authority of an act passed March 30, 1875, purchased a tract of land containing and one hundred and fifty-two acres, adjoining the premises of the soldiers sailors orphans home at Xenia, of the trustees of Pelham and Gary ; and, Whereas, No deed can be found for said land, nor is there a record thereof in the county of Greene ; therefore, Resolved by the Cfeneral Assembly of the StaJte of Ohio, That the at- torney-general be and he is hereby instructed to investigate the matter, and if the deed can not be found, to bring an action in the proper court of Greene county to quiet the title of the state. THOS. A. COWGILL, Speaker of the House of Representaiives. R. G. RICHARDS, President pro tern, of tile Senate. Adopted March 16, 1880. 426 [Senate Joint Beaolntion No. 28.] JOINT BE80LUTI0N Bequiring the enforcement of the provisions of Senate Joint Besolntion No. 19. Se8olved by (he Oenercd Assembly of the State of Ohio, That no bills hereafter introduced for the purpose of amending existing laws shall be sent to the printer for printing unless they conform to the requirements of Senate Joint Resolution No. 19, proviaing for underscoring the new matter contained in such bill for the purfjbse of haying the same printed in italics. THOS. A. COWGILL, l^peaier of ths House of Representatives. R. G. RICHARDS, president pro tern, of the Senate, Adopted March 25, 1880. '^ [House Joint Resolution No. 50.] JOINT BE80LUTI0N Relating to distribnting reports. Be it resolved by the Gfeneral Asm/My of the State of Ohio, That the secre- tary of state be and he is hereby authorized and directed to distribute equally among the members of the present general assembly any surplus copies in his hands oyer and above what are needed for use or distribu- tion at his office of the constitutional debates, agricultural reports, secre- tary of state, reports, school laws, railroad reports, and hog cholera re- ports, and that the same be packed in boxes, together with the maps of the geological survey of Ohio, and shipped to the address of each mem* ber respectively in accordance with the conditions and provisions of House Joint Resolution No. 34. THOS. A. COWGILL, Speaker of the House of RepreserUatives* R. G. RICHARDS, Adopted March 26, 1880. President pro tern, of the Senate. [Senate Joint Besolntion No. 37.] JOINT BE80LUTI0N Relating to agricnltnre. Whereas, No country in the world presents a more extensive area of territory adapted tq agricultural purposes, or a greater diversity of soil and climate, than is embraced within the limits of the United States of America; and, Whb&bas, The value of the annual productions of the soil of the country is equal to or greater than the value of all its other productions ; and, Whereas, The magnitude of the interests of agriculture would seem to merit, as we believe they ought to receive, as careful attention and as much of the fostering care of the general government as does the army, 427 • navy, foreign\ interior, financial, judicial, or ite post-office departments >' therefore, be it Ruol/vedj That the representatives in congress from the state of Ohio be and they are hereby requested to use all proper means to secure the best possible facilities for the promotion of agricultural interests, and, as a means to thaU end, they give their support to a measure raising the head of the agricultural bureau to the grade of a cabinet officer by author- izing the president to appoint a secretary of agriculture. B^vedy That the secretary of state be directed to furnish to each of the senators and representatives in congress from Ohio a copy of the fore- going resolution. THOS. A. COWqiLL, Speaker of the Bmj» of Bejprre»ffiMline^ I R. G. RICHARDS, PrmdMt pro tern, of the Senate. Adopted March 26, 1880. [Senate Joint Besolntion No. 26.] JOINT RESOLUTION Diiecting the admiaeion of the ohUdren of Daniel Shea to the Ohio soldien and aaUon orphans home. Whereas, Daniel Shea, a member of Co. C, 10th Ohio volunteers, in the late war of the rebellion, and now an inmate of the soldiers home at Dayton, Ohio, has four children under fourteen years of age now living in the state of Connecticut ; and. Whereas, The mother of said children is dead, and said Daniel Shea is in destitute circumstances, and is wholly unable to support said chil- dren, and said children are in the hands of persons who are poor and unable to properly care for or educate them ; therefore, Resolved by the Oeneral AmerMy of the State of OhiOy That the officevs of the Ohio soldiers and sailors orphans home be and they are hereby required to receive the said children into said institution, provided there be sufficient room for them therein. THOS. A. COWGILL, • SpeaJser of the House of RqpreeenUUbm. R. G. RICHARDS, Pretident pro tem. of the Senate. Adopted March 25, 1880. [Honae Joint Besolntion No. 5S.] JOINT RESOLUTION Belating to the honee of lef age at Toledo, Ohio. Beeolved by the Oeneral AseenMy of the State of OhiOf That the auditor of state and attomey-ffoneral be and they are hereby authorized to enter into a contract with the city of Toledo^ through the board of directors of the house of refuse and correction of said city, for the keeping and main- taining at said institution, in such manner as may be agreed upon in 428 Buch contract, for the period of. three years, of a number of boys under the age of sixteen years, who may be sentenced to confinement in such house of refuge and correction under the laws of Ohio, not exceeding an average of one hundred and fifty, and at a* rate of compensation which shall not exceed two dollars and fifty cents per week, to be paid by the state : provided, the directors of said house of refuge and correction fur- nish the necessary mechanical industries upon the premises of said in* stitution for the proper ^mplojrment of the boys within six months after the date of the contract ; provided, that all inmate citizens of the city of Toledo, sentenced by its police court, shall be kept and supported by said city : and {>roviaed further, that nothing herein shall in any way b^ construed to be initiary steps to an additional reform school. TH08. A. COWGILL, Speaker of the House of Representativeg. R. G. RICHARDS, PreHdeni pro tern, of the Senate. Adopted March 26, 1880. [HouBe Joint ReBoIntion No. 55.1 JOINT RESOLUTION Providing for placing Clarence £. Bowman in the soldiers and sailors orphans home < at Xenia. Whereas, Clarence E. Bowman, of the age of eleven years, and son of James H. Bowman, and step-son of Mary Bowman, all of Columbus, Ohio, is now a fugitive from the cruelties of said father and mother; and, Whebbab, The said Clarence E. Bowman is the son of a soldier who served during the whole of the late war in the union army, and now has no home except such as a poor grandmother provides ; and, Whereas, Said boy will soon be thrown entirely upon his own re- sources for support, or have to be sent to the infirmary oy reason of his grandmother's early removal ; therefore. Resolved by the wnerai AsemMy of the Stale of Ohio, That the ofSicers of the soldiers and sailors orphans home be and they^ are hereby re- quired to receive the said Clarence E. Bowman into said institution. TH08. A. COWGILL, Speaker of the House of RepresentaUves. R. G. RICHARDS, President pro tern, of the Senate, Adopted March 30, 1880. [Sabstitnte for Honse Joint Resolution No. 34.] JOINT RESOLUTION Providing for the distribntion of geologioal maps of the state of Ohio. Whereas, Two thousand copies of the geological maps are now in the possession of the secretary of state ; and, Whereas, The remaining three thousand copies will be delivered to the secretary of state at an early date ; therefore, \ 429 » Resokei by the OeMfd Assembly of the State of OfUo^ That the Secretdify of state be and he is hereby instructed to distribute said geological maps as follows, to wit : thirst. That he set aside three hundred copies, to be by him, from his office, directly distributed among the people. Second. To his excellency the governor of Ohio, fifty copies. Third. To the state librarian, tot the use and benefit of the state library, one hundred copies. t^ourth. To each officer of the present senate and house of representa-' tives, one copy. I^ifth. That he distribute the residue thereof equally among the mem-* bers of the present general assembly, and box and ship the same to their respective places of residence 3 the eitpense thereby incurred to be paid out of the rand provided for the distribution of laws, journals, and public documents^ TH09. A. COWQILL, Speaker of the House of RepresevUatives* R. Q. BICHABDS, Adopted April 1, 1880. President pro tern, of the Senate, tSenate Joint Basolution No. 33.] JOlNT RESOLtiTIOir Vat platilag Manael 2Suniga in the Colnmbaa insane adylam. Hesotved by the General Assembly of the State of Ohio, That the sttpetin* tehdent of the Columbus insane asylum, by and with the advice and consent of the trustees thereof, is hereby authorissed to receive into said institution Manuel ^uniga, an insane, unaturaliifed foreigner of Ouada-* lajtasa^ Mexico, and to take charge of and care lor him temporarily, and until such time as in the opinion of the superintendent his condition and safety to the public admits of his discharge. TH08. A. COWGILL, Speaker of the House of Representatipes* R. G. HICHABD8, Adopted April 6, 1880< President pro tern, of me SenatSt [Senate Joint tteeolntioli t(6, 29.] JOWr EESOLttTION t'rovlding for the pnroliaae of revised statntea of* Ohld. Aesdted by the General AjuemUy of the State of Ohio, That the secitet^ry of btate is hereby authoria^ed and directed to obtain from the contractore Who published the revised statutes of Ohio, for the use of the state and to supply the present demand, all the copies of said statutes they may have on nand, not exceeding seven hundred and seventy-five (775) copies^ at a price not to exceed two dollars per volume, bound. JOHK A. WiLLlAMSOK, Speaker pro tern, of the House of Sepresentatives. R. G. RICHARDS, Adopted April 7, 18S0. President pro tern, of the SmatSi 430 [House Joint Besolntion No. 56.] JOINT BE80LUTI0N Relative to ex-Boldien and Bttilon re-nnion. Whsbeab, The ex-soldiers and sailors association of Franklin county^ Ohio, contemplate holding a reunion of exH3oldiers and sailors of Ohio, and others serving in the army of the United States, on the tentii, eleventh, and twelfth of August, 1880, in the city of Columbus, Ohio; therefore, Be it resolved by the CfenercU AseenMy of the 8UUe of Ohio^ That the adjutant- general, as superintendent of the state house and state house grounds, is hereby authorised to allow the use of the senate chamber and house of representatives, and such other lx)oms as can be spared convenientlv in the state house, to the ex-soldiers and sailors association of Franklin county, for the purpose of holding meetings during the reunion of ex- soldiers and sailors at Columbus, to be held August tenth, eleventh and twelfth, 1880, §aid rooms not to be opened during said time only on the written order of the executive committee of said association to said adjutant-general : provided, that the adjutant-general is satisfied that no damage will be done to the property of the state. Resolved^ That the adjutant- general be and he is hereby authorized to deliver to the order of the executive committee of the ex-soldiers and sailors association of Franklin county, Ohio, aforesaid, on or before the ninth day of August, 1880, all the battle flags in hia custody of regiments that may be represented at said reunion ; said flags to be carried in pro* cession by the representatives of said regiments, and not to be unfurled ; said flags to be returned by said committee, in ^ood order, immediately after the dismissal of said procession; and the adjutant-general is hereby authorized, in like manner, at said time, to deliver, on the order of said committee, not exceeding five pieces of artillerv and caissons complete: provided the same are toibe returned in good order, with the battle flags, without any expense to the state of Ohio. THOS. A. COWQILL, Speaker of the House of Repreeentaitivee. R. C. RICHARDS, PreridefU pro tern, of the Senaie, Adopted April 8, 1880. [Senate Joint Resolution No. 37.] JOINT RESOLUriON Providing for printing additional report^ of the adjatant-general. Be it resolved by the Oeneral Assembly of the State of Ohioy That there shall be printed and oound, for the use of the adjutant-general, one thousand additional copies of the report of the adjutant-general for 1879. TH08. A. COWGILL, SpeoJcer of the House of Sepresentatioes. R. G. RICHARDS, . Pre8iderUprotem*ofthe Senaibs* Adopted April 12, 1880. ' 431 [Honae Joint Resolation No. 46.] JOINT BESOLUTION Pertaining to the lemoyal of foontaina from the atate honae groanda. Resolved by the Oeneral AnefMy qf the State of OhiOj That the trustees of the girls' industrial home, near Delaware, are hereby authorized and directed to remove from the state house grounds the four fountains known as ^' Meily's midgets '' to the grounds of the said industrial home, and erect them thereon, at such place or places as, in their judgment, will be most proper for said fountains, and they are hereby authorised to pay the cost of such removal and erection from any appropriation made for the current expenses for said home. THOS. A. GOWGILL, Speaker of the Htmee of Itepresmtatieee. R. G. RICHARDS, Prerident pro tem. of the Setiaie. Adopted April 12, 1880. [Senate Joint Reaolation No. 30.] JOINT RESOLUTION Providing for printing the lawa relating to railroadi and telographi. Be U resolved by the Oeneral Assembly of the jStaie of Ohio^ That there be printed, in pamphlet form, for the use of the commissioner of railroads and telegraphs, one thousand copies of the laws relating to railroads and telegraphs now in force in Ohio. THOS. A COWGILL, Speaker of the House of SepresenMioes. R. G. RICHARDS, PresidetU pro tem, of the Senate. Adopted April 13, 188a [Honee Joint Resolution No. 58.] •JOINT RESOLUTION Directing the admiflsion of one Thomas Shennan MoCiary as an inmate of the reform BobooL Whereas, The superintendent and trustees of the reform school for * boys have refused to receive as an inmate thereof one Thomas Sherman McCrary, of Jackson county, because said McCrary has lost a leg ; and» Whereas, Said McCrary was properly committed to that institution by the authorities of said eounty ; therefore, Be it resolved by the General Assenubly of the State of Ohio, That the superin- tendent and trustees of said institution are hereby directed and required to receive said McCrary as an inmate of the same. THOS. A. COWGHiL, S^peaJoer of the Howe of Representaiives.9 R. G.-RICHARDS, President pro tern, of the Senate. Adopted April 13, 188a 432 [fionse Joint Besolution No. 36.] JOINT RESOLUTION Relating to the distribution of school reports. Re8oti>ed by the Genertd Assembly of the State of Ohio, That the school commiBsioner be and he is hereby directed to pack up and deliver to each senator and representative an equal number of copies of the undis* tributed school laws and school reports^ reserving a sumcient number for the use of the public officers. \ THOS. A. COWGILL, Speaker of the House of Representatives. R. G. RICHARDS, PrssidefU pro tern, of the SerMts* g Adopted April 18, 1880. [Senate Joint Beeolntion No. 41] JOINT RESOLUTION Relating to House Bill No. 160, by Mr. Brown, of Batlef . Whereas, By some inadvertence House bill No. 180 appears on file in the office of the secretary of state, duly signed and certined as being one of the laws passed at this session of the general assembly, When in fact the same was not actually passed j therefore) be it Resolved by the General Assembly of the Staie of Ohio^ That the secretary of state be and he is hereby requested to return said enrolled bill to the senate for such action as is proper in the premises. THOS. A. COWGILL, l^xaher of the House of Representatives* R. G. RICHARDS, Prmdent pro tern, of the Senate. Adopted April 14, 188a t^oiue Joint Reeolntioa N^. 59« ] JOINT RESOLUTION ReUtive to the asBignment of rooms to the seyeral departments of statCt Whereas, 'the senate and house of representatives haVe heretofore adopted House Joint Resolution No. 23, authorising the *' standing com« mittee of the senate and house on public buildings and lands," to ex- amine into the present assignment of rooms to the several depai*tment8 of state located m the state house, and to report thereo|i ; and, Whereas, The report of the special committee to whom said House Joint Resolution was referred had made report thereoU) which has, by the house, been adopted > therefore, be it ^ Resolved by the General Assembly of the State of Ohio^ That the adjutant* general be instructed— ^ I^irst) to remove the paintings and portraits l^ecently removed from the governoi^'s office^ and noW in rooms No. 16 and 16 to the rotunda/And 00 arrange them as to make the bare walls an attractive feature of our 433 state capital, and for that purpose he is authorized to introduce such changes in the lights of the rotunda as will display the portraits and paintings. Second, to remove the office of the insurance department from the rooms now occupied by it to the rooms No. 15 and 16, which shall here- after be known as the office of the ineurance department. Third, to remove so much of the auditor's office as the auditor may direct into the large room vacated by the removal of the office of the in- surance department, and to place the small room adjoining thereto at the disposal of the senate for a committee room. Fourth, To make such changes in the cases, tables^ desks, shelving, and furniture as may be necessary U> carry out the provisions of this resolution. THOS. A. COWGILL, Speaker of the House of BepreeefiMtivee. R. G. RICHARDS, Presidefni pro tern, of the Senate. Adopted April 14, 1880. [Senate Joint Reeolation No. 4Q.] JOINT RESOLUTION Proyiding for the publication of the Ohio state reports and the advanced sheets of the same. Be it reeolved by the Gfeneral Aseembly of the State of OhiOf That the secretary of state be, and he is hereby authorized to contract wiith some respon- sible person or firm to furnish material, print, bind, and supply the state with three hundred and fifty copies of the thirty-sixth and any other subsequent volume or volumes of the Ohio state reports that may be ready for publication within two vears from the 23d day of June, 1880. Said contract to be made with the lowest responsible bidder, as provided in section 2, article 15, of the constitution, after first givine public notice to bidders for four weeks in some weekly newspaper published in Columbus, Ohio, and of general circulation in the state. »aid contract to be made in accordance with the provisions, and subject to the limita- tions and instructions of section four hundred and thirty-seven of the revised statutes as to cost and otherwise, and shall include the advanced sheets provided for in said section. The volume to be in qualitv of paper and binding equal to vol. 1, Ohio state reports, as providecL by law. THOS. A. COWGILL, Speaker of the House of Repreeentativee. R. G. RICHARDS, Pregident pro tern, of the Senate, Adopted April 15, 1880. [Senate Joint Resolution No. 42.] JOINT RESOLUTION Relatin£f to fountainB in state honse yard. Besolved by the General Atmnbly of the State of Ohio^ That the superintend- ent and engineers of the soldiers and sailors orphans home be allowed to 28 434 receive one of the four fountaine now in the state house yard, and to re- move the same to Xenia for the use of said institution, and so much of H. J. R. Na 46 as conflicts with this resolution is hereby rescinded THOS. A. COWQILL, Speaker of the House of Repreoeniaiwm. B. G. RICHARDS, Preridenl pro tern, of the SmaU, Adopted April 15, 188a [Senate Joint Beeolntion No. 39.] JOINT RESOLUTION Froyiding for loaning and forwarding battle-flage, armB, etc., to soldien' re-nni.. •• Il7 CEMETERY ASSOCIATIONS— how lands appropriated for cemetery porpoeee 41 how. appropriated in cities of third grade, second class 41 CHATTEL MORTGAGE— to what extent record of, shall be admitted as evidence.. • 57 U6 eHILDREN'8 HOMES— faom when efitablished by private charity ooanty oommiBaioiien may pnrobase or snstain 49 Judge of the common pleas to appoint tmateea to take charge of property given to • 114 county oommiflsionen of Bosb county may appropriate lands for 379 CraCINNATI- act reorganizing pohce force 23 act restoring board of pnblio works • • 35 city infirmary authorized to appropriate lands for 6ewer purposes 341 board of public works may authorize further issue of bonds to pi^ certain claims 191 how sinking fund for payment of such bonds provided 101 compensation of police force in • 92 police commissioners to act as board of health 89 municipal officers of, how elected 92 terms of such officers 93 appointment of certain officers to be made by mayor, with consent of council 93 powers and duties of city comptroller 94 city comptroller, when elected, to take cbarge of duties of city auditor 94 commissioners of sinking fund authorized to refund bonded debt 142 additional loan for terminal facilities for Cincinnati Southern Railroad 153 limit of assessment for special improvement 280 wben in excess of twenty- five per cent., excess to be paid out of general revenue 280 board of education, bow constituted and elected 90 CINCINNATI SOUTHERN RAILROAD— trustees authorized to make additional loan for terminal facilities 154 new bonds required of trustees 175 CITATION— against widow to make her election under will 209, 308 CITY SOLICITOR OP HAMILTON COUNTY— his term, duties, salary, when elected, and vacancy, how filled 87 CIVIL PROCEDURE— when and how court may vacate or modify Judgment after term 46 contempt by witness, proceedings lor, and punishment 45 service by publication may be made in wbat cases 44 struck Jury, how and when demanded and selected 12 application for new trial, how made 48 party affected by order discharging attachment may file petition in error 69 when plaintiff must give security for costs f, 71 court may, on motion, increase such security 71 grounds of challenge of juror for cause.. 90 court shall arrange business so as to require attendance of juiy as short a time as possible 91 notice of pendency of petition to sell lands of religious society, bow given .. 122 wben actions may be brought sgainst home or foreign mutual aid associations 181 447 CiyiL PROCEDURE— Continued. petition in proceeding to perpetaate testimony, what to contain 195 how Judgment revived when party dies after it is rendered 901 action for injury by wrongful death may be brought by whom and for whose benefit - 207 such action must be brought within two years after death of deceased person 207 witness may demand traveling fees and one day's attendance when subposnaed 216 within what time action to recover real estate must be brought 30S limitation when title remained in the state or United States at time of adverse possession taken • 903 of state against United States, commission appointed to settle 310 appropriation for expenses of commission 311 CLERK OF THE COURT OP COMMON PLEA.8— how to select struck Jury ...: 12 to act with county commissioners in approval of plans, etc., of county build- ings 72 CLEVELAND— act providing for relief of disabled firemen 309 when annual city board of equalisation to meet as board of revision 82 CLEVELAND ASYLUM FOR THE INSANE— appropriations for 248 COLUMBUS ASYLUM FOR THE INSANE— appropriations ||r deficiencies 19 other appropriations for 248 COLUMBUS, JEFPERSONVILLE AND CINCINNATI RAILWAY COMPANY— granted right of way over certain lands in Marion township, Franlin county. 174 COMMISSIONER OP FISHERIES— appropriations for 244 COMMISSIONER OF LABOR STATISTICS— appropriations for 24& COMMISSIONER OF RAILROADS— appropriations for deficiency in contingent expenses.... * 22 other appropriations for 244 CONGRESSIONAL DISTRICTS— act restoring apportionment of April 27, 1872 11 CONSTITUTIONAL AMENDMENTS— appropriations for 22, 254 CONTEMPT— by witness, how punished 45 CORPORATIONS— purchasers of railroads at judicial sales may sell the same...... 60 grant in such case to be recorded 60 purchasers of railroads at Judicial sale, how incorporated... ••• 60 principal offices of railroad company, where established and how changed. ••• 153 '^48 CORPORATIONS— Continued. pagb mntoal aid aasociatioDs to make annnal report^to BaperiDtendmit of insurance 178 powers of telegraph companiefi • S64 when ten per cent, of capital stock subscribed faot to be certified to secretary of state 366 notice of meeting to elect directors, and how waived 266 reinsurance by life insurance companies 367 COUNTY AUDITORS— how and when to publish delinquent land lists 43 to issue refunding order when raluation has been reduced after taxes paid.. 54 how to apportion school funds of county 58 to make and forward to auditor of state abstract of real property 73 what such abstracts shall contain 73 fees o( in Cuyahoga county 137 to fix value of bank shares, and report same to board of equalisation. 191 to lay, before boards of equalisation copies of all. reports of banks 192 penalty for wilful omission of property from tax duplicate 206 COUNTY C0MMISSI0NER8- duties in relation to purchase of additional fair grounds in Hamilton county. 2 to regulate burdens, width of tire, etc., on turnpike roads 37 penalty prescribed for violation of such regulations.... 37 may purchase or sustain children's home established by private charity...., 49 •may accept funds given for children's home 49 authorized to make additional levy for repair of improved roads 56 how to apportion funds raised to the several townships 56 plans, drawings, etc., of county buildings to be submitf^ to for approval.. . 72 to purchase toll-roads when petitioned to do so •• 83 question of such purchase to be first submitted to vote...... 86 may change beds of streams or erect embankments to protect roads 86 to submit question of general tax for turnpikes to vote of electors. 161 to publish notice of such vote in all newspapers of county 161 of Hamilton county, to pay persons furnishing evidence of taxes omitted from duplicate 205 such compensation to be apportioned to several fdnds • ...... .... 206 in certain counties, to submit question of purchase of toU-roads to vote.. 211, 316 to appoint three freeholders to i^portion estimated expense of improving free turnpikes ....••... 239 of Ross county, authorized to appropriate lands for children's home.. 279 may improve unfinished turnpike, plank or graded road 280 one-half the expense of such improvement to be ass e ss e d upon adjacent land- owners • , 281 proceedings after report of viewers of improved road is filed ••• 281 \ may build turnpikes where public interest demands it.. 298 may grant permits for certain animals to run at large 318 COUNTY RECORDERS— duties as to re-reoording destroyed records, fees in such case.. 6, 113 fees of, in Cuyahoga county 137 to keep up general indexes • 240 fees for indexing each parcel of land, to be paid out of oouniy tMasory 240 4^ OOUNTT TREASURER— fagb may enforoe Iton for taxM or aaseatmenti by eiiil mHoii...... ...• 13 in sach aotion daplicata to be prima fiMsie eyidenoe of. whal. •••. ..*. .. 14 to reoeiTerefandiiig orders in payment of taxM 54 ftee of 116 fteeof, in Cuyahoga oonnty • .••..••..•••.•..••• ••.... 137^ to eoUeot taxes and penalties on dnplieates • S96 his peroentsge on soeh ooUeetions...... ...••. •••»•••• •••• ..•••• ..••.. ...... 8SI7 COURT OF COMMON PLEAS— may adTanoe on docket action by ooonty treasmert to enforce lien for taxes. 14 when to aesign eonnsel to indigent prisoners. ..••.. ...•.• ••• ..••.. . 69 Judge to appoint peison to aot as one of committee to approve plan, etc , of county boildings...... ••.. ...... .... ••.. ...... •••••. ••.. •••• .••• •••••. •• 78 Jndge o^ to appoint tmstees to take charge of property given to children's home ••.. — • • •... ••• .... ..•••.••••. 114 additional Jcdge provided in fifth district .•••.. •••••• •••••• ••• ••.. 177 terms of in Cnyahoga connty .••• ...•• •... 200 judges to appoint official stenographers. ••••• .••••• •••••• 238 may issue the writ of mandamus... •• .— ....•...•••.••...•...... 266 COURT&- to arrange business so as to require attendance of Jury as short a time as pos- sible 90 writ of mandamus may be issued by what • 266 CRIMES AND OFFENSES— selling or giving fire-arms to minor under fourteen years of age •••. 79 selling, etc, intoxicating liquois to be drank where sold • 58 selling intoxicatin g liquors within four miles of religious meeting ........... 64 shooting or hunting on lands of another .... 84 opening grave, removing corpse, etc , or aaaisting, etc 86 unlawful catching of fish 136, 136 obstructing or injuring sidewalks • 146 using ginger ale bottles, boxes, etc., bearing trade mark of another 140 * sale or use of uninspected petroleum oil...... • 161 adulteration of oils, using false brands, etc ^ 161 willful omission of property from duplicate by assessor or auditor 206 neglect of assessor to administer oath to person listing property 136 misconduct of officei s of election 267 CRIMINAL PROCEDURE— disturbers of peace in presence of magistrate may be committed without pro- oess».*. •••■ .••••• •••••- -•••^••••. •••• •••• •••• ..»••• .... ..•..•••... .••■ .. 46 when bail given by prisoner, money deposited to be refunded 46 counsel may be assigned to indigent prisoner 69 such counsel must not be partner of prosecuting attorney ^. .. 69 no partner of attorney prosecuting shall be employed by accused 69 fishing material, nets, etc., to be held for fine for violation of fish laws ...••. 136 aearoh warrant in case of suspected unlawful use of ginger ale bottles, etc .. 141 29 450 DATTON ASTLUM FOR THE IN8Ai7£— paob appropriations for deficiencies •• •• .^.... .... 19 other appropriations for •••• • •.. .... 24&f ' DE^ AND DUMB, ASYLUM FOR TH£— appropriations for.. 1M9 I>E£I>- certified copy of raeord of, eyidence to what extent ...•• 311 DELmQUENT LANDS— list of, how and when published, form of notice of sale, etc 43 DOYEB— anthorised to oonstmct machine shops and porohase real estate therefor.... . S99 DUE DIUGENCE— what to be considered, in case of demand and notioe of non-payment of negoti- able instmment .... .... ............ .. . 44 DUBLIN TOWNSHIP, BIERCER COUNTY— anthoriaed to build and lease or operate a railroad 165 ELECTIONS— when to be held, and voting precincts how formed 40 how Judges of chosen in townshi *b and ward precincts .... 51 notice and conduct of, in township and special school districts 63 miscondnct of officers of, how punished 267 voting precincts in Cincinnati and Cleveland, how formed 312 EXECUTIVE DOCUMENTS— number of copies to be printed 50 EXECUTOR. See AdminUtratar and Exeeutor, EVIDENCE- to what extent record of chattel mortgage admitted as 57 certified oopy of record of deed or other instrument competent for what purpose 211 FEES. See Auditor, TreoBureTf Sheriff, Beoard&r, etc, FIRE ARMS— unlawful to sell or loan to minor under fourteen years of age ...... ...... . .. 79 FIRE DEPARTMENT— maDagement and control of, in <^ties of second grade, second class ...••• .... 296 FISH— when unlawful to catch, except with hook and line. ••.. .... 135 unlawful to catch in private ponds. 136 FRANKLIN TOWNSHIP, FRA.NKLIN COUNTY— , authorised to build and lease or operate a railroad...... .••... ..•. 212 GALLIPOLIS— authorized to issue bonds to buy grounds for railroad depot.... 62 GENERAL ASSEMBLY— appropriations for 1, 245, 253 appropriations for deficiencies ...••. 21 •alaiy and mileage of members, and when to be paid ••... . 65 461 GEORGETOWN— p^om amendatory of act authorising oonnoil to build a railroad 177, 259 GERliANTOWN— • oonnoil anthoriEed to bnild and leaae or operate a railroad 105 GINGEB ALE, MINERAL WATER, ETC.— mannfaoturers of, how protected from low of bottlee and boxes.. ..•••...•..• 140 GIRLS INDUSTRIAL HOME— appropiiations for defioienoiee 20 appropriations for.. 261 GOSHEN TOWNSHIP, AUGLAIZE COUNTY— anthorized to bnild and leaee or operate a railroad •• .. 275 GOVERNOR— to fill vaoancy in appointive state office 18 to appoint tmstees of benevolent institntions «. 203 may remove or suspend snch tmstees..... ••• •••• 204 to appoint a board of state charities 237 ma> order investigation by snch board of penal, reformatory, or charitable institution •••. ...^ 228 may cause Juvenile offender in Jail or pen tentiary to be sent to reform tern. 312 may remaud snch offender to Jail or penitentiary ••• 812 appropriations for office of.... .«.. .... •••• •••• •• 245 appropriation for deficiency in pay of executive clerk... 258 appropiiation for portrait of Governor Bishop.. 253 appropriation for balance of salaries of governor and private secretary 253 GRAVE ROBBING. See CHme$ amd OffeMes. GUARDIANS— duties of guardians of person and estate •••... 77 HAMILTON COUNTY— township tmstees in, authoriEed to levy additional road tax 38 city solicitor of, his term, cuties, salary, etc 87 fees of county officers to be paid into county treasury 138 salaries of county < fflcers, and how paid 138 county or county commissioners not liable for payment of salaries, except out of fee fund 13S foe fund in excess of thirty thousand dollars to be transferred to county fund 139 fees not to vest in officers, but to be property of county. 139 HAMLET— marshal of, how appointed, his powers, duties, fees, etc.. 15 officers of, other tban tmstees, how appointed 16 HARRISON TOWNSHIP, PREBLE COUNTY— authorised to bnild and leas^ or operate a railroad.... 285 HOLIDAYS— what days to be regarded as 9 such days for presentment, payment, etc., to be considered as first day of the week ...... ...... .••• .... ••.. .•••.. 9 462 H01fE8T£4D- PAm in oMe of peiitloQ by e^aoiitor, ato., to aell Und to pay debts oi dooodont. .. . tiO HORTICULTURE— appropriations for enoooiagMaent of .••••• ••.. MS HOUSE OF REFUQE— direoton to remain in offloo antil ancoeasoiB appointed ..«• .. n7 manner of receiving infanta noder sixteen yeare of age 217 certain seotions of the rerised statutes made applicable to ••• .. 819 IMBECILE YOUTH, ASYLUM FOR— appropriations for deficiencies—. ..•• .... .... •••• .... •••• .... ...... ...... .. 19 other appropriations for • ••••• 950 INFIRMARIES— in mnnioipal corporation to be managed by board of three directors. .«.••• .. 16 election and qnalifloation of soch directors • 16 OTerseers of the poor to be appointed by mayor, with consent of conncll.... . 17 additional powers of directors 17 penalty for bringing foreign panper into county, township, etc ...... .... .... 39 INDEXES— when bronght np and completed to be oontlnned by ooanty recorder ..•••• .. 949 fees of coonty recorder for indexing each parcel of land, and how paid...... 249 INSPECTOR OF MINES— appropriations for deficiency in contingent expenses .... .••• .... ...... .... .. 9t other appropriations for •• .••• ...• 946 INSURANCE COMPANIES— to include in advertisement only assets admitted by superintendent of in- surance — •• — • •••— — • •••• •— •••— «... . 185 adTcrtisement containing statement of assets must contain liabilities. ... .... 185 penalty for yiolating foregoing provisions ..••. 185 life company may reinsure individual risk ..— 867 not authorised to reinsure risks with a view to discontinuing business. ..•••• 907 nor to asiume risks of another company without consent of policy-holders... 267 INTOXICATING UQUORS- unlawful to sell to be drank upon premisses where sold • 58 sale of, prohibited within four miles of religious meeting, harvest-home festi- val, etc - .- • .— 64 IRONTON— authorised to build and lease or operate a railroad ...••• • 123 JEFFERSON TOWNSHIP, BROWN COUNTY— authorised to build and lease or operate a railroad.. ••• 235 JEFFERSON TOWNSHIP, GUERNSEY COUNTY— authorised to build and lease or operate a railroad .•••.••. .. 268 JUDICUL DISTRICTS— act consolidating first and fourth subdivisions ninth district •••• .... ....•• .. 70 providing additional Judge in fifth district • 177 453 JUDICIIRT— FAOB appropriationi for d«flol6Doy in ealuiea ..«....• ••.•.•..... 81 approprUtion fbr eaUriesof. •• • 946 JUDGMENT— how Taeaied or modified alter term • .••• 46 of Snperior Court of Cincinnati at general term reTiewable only by Sopveme Coort WW •'. .«• 188 how leTived when party dies after it is rendered ••• ••• •••• 901 •track Jary, how and when demanded, and how selected.... 19 how stmok Jary eelected In Hamilton oonnty.— •••• •••• .••••• 13 gronndaof ohallengee for eaase ..•.....• 90 Juror may be challenged on snspicion of prejndioe...... 90 no one required to tenre as Juror more than tliree weeks in year 90 ooorts to arrange bosiness so as to reqnire attendance of, for short a time as possible L 90 eompensation of JnroiBy and how paid •••.........•. 91 JUSTICE OF THE PEACE- refusal of, to deliyer up docketi how punished ••• 47 may commit disturbers of peace without process.... ..•• .•• 46 KEIFER, J. W.— appropriation to pay attorney fees of • 953 LANDS— act ceding Jurisdiction to United States of oertain, in Toledo « 139 board, of public works to grant right of way over certain tract in ICarion township, Franklin county 174 delinquent list of, how and when publiahed, and fbrm of notice. 43 LANIER TOWNSHIP, PREBLE COUNTY— authorised to build and lease or operate a railroad .^•.... 990 LAW UBEART— appropriation for contingent expenses (deficiency) 99 appropriation for purchase of books I6r .....•.••. 945 LEGAL ADVERTISING-^ whftt shall constitute a square in legal advertisements.... .••. ••.... 40 LIMA— council authorised to levy a tax to build machine shops.... ..« 7 LIMITATION OF ACTIONS— in c a s e s of injury by wrongfal death.... ••..••........• 907 in suit to recover posses s ion of real estate •......• •.••.••.••... 303 LITTLE A SHEARER— appropriation to pay attorney fees of , •••• S53 LONDONDERRT TOWNSHIP, GUERNSEY COUNTY— authorised to build and lease or operate a railroad.... • •••.•• 931 464 LONQVIEW ASYLUM— p^GX appropriation for deficienoies ....^ 21 act ooyering^ intj state treasury balaaoe of former appropriation .... . •••. .... 05 appropriations for.. ••.. 849 LUCAS COUNTY ASYLUM FOB THE INSANE^' appropriation far defioienoite .••• ••• ••• .... .... •••• ..•••• .••• .••• •••• 21 other appropriations for ..•••.. .•••• •••• 249 MADISON TOWNSHIP, GUERNSEY COUNTY— anthorisad to build and lease or operate a railroad •••••• ••.••• .. ..•••• ..•••• 231 MANDAMUS— writ may be iasned by what oonrts ..'. 265 MANUFACTUREBS, BOTTLERS, ETC., OF GINGER ALE, ETC.— how protected from loss of bottles and boxes • .••• 140 MASTER COMMISSIONER— in Cnyahoga county not to sell land except when sheriff's bond is insnffloient. 164 MMMI AND ERIE CANAL— board of public works authoriasd to oonstmot oalyerts at New Bremen ...••• 76 MIUTIA— enlisted temporarily to be retained not more than thirty days ••• 55 MILTON TOWNSHIP, ASHLAND COUNTY— authorized to build and lease or operate a railroad .••• .••• 304 MINERAL WATER, ETC.— manufacturers and bottlers of, how protected from loss of bottles and boxes. 140 MOHICAN TOWNSHIP, ASHLAND COUNTY— authorised to build and lease or operate a railroad — . .... .... .... .... •...•• 313 MOUNT GILEAD— amendatory act authorising council to baUd a railroad .... .••• .••• .. •••. .... 91 MUNICIPAL CORPORATIONS^ wards, how bounded, to pontain equal number of inhabitants, etc 16 officers of hamlets, other than trustees, how appointed. ..•••... 15 marshal of hamlet to be chief of police and to have power of Tillage marshal. 15 fees of marshal of hamlet. •...• 15 police powers and duties in cities of first grade, first class, vested in mayor.. 24 ordinances, how adopted.... • .•....•••.... 84 council may, by ordinance, authorise street railroad company to extend its track 43 council may make levy to pay bonds issued for special purpose in anticipation of tax 43 general licensing powers of.. •• ••• ..••.. 74 may assist in oonstrnctiog improved road ...... 56 may grant use of streets, ete. , for laying pipes to supply heat and poirer ..•••• 83 ordinances heretofore granting such nss to be valid.... »•• . S3 maximum of taxes tliat may be leviM by...* ......... .... .• ..••. .••••• 88 in certain cities police commissioners to act as board of health •...•• 80 oompensation of police tooe in cities of first gcade^ firsl olasa...... • « fti 455 MUKICIPAL CORPOHATIONS-CoDtinafld. paov . oiBoeri of oities of firat grade, firat oUms, and how elected....... .— .. ..•••• 92 offloen in citiee of aecond and third grade, first olaas.... — ....•• ....•• 93 tenns of oiBoers elected • • ....•....••...•••• 93 appointment of certain offioem to be made by mayor, with oooaent of oonncil. 93 powers of city comptroller in cities of first grade, first class ....^. 93 powers and duties of city auditor in cities of second and third grades, first class 93 election of city comptroller in cities of first grade, first class.. ..•• ..•••..••• 94 city comptroller, when elected, to take charge of books of city auditor 94 board of public works in cities of first grade, first class, authorised to make further issue of bonds «. •• ....•• .••• 101 council may contract with gas company for lighting streets, alleys, etc...... 109 in certain villages property exempt from taxation for cemetery purposes.... 117 commissioners of sinking fond in Cincinnati authorized to refund bonded debt — 142 rules for making special assessments • .•..•••••••. 144 additional terminal facilities for Cincinnati Southern Railroad .«.•••.•••••.•• 153 annual city boards of equaliaatioo, how organised, their compensation.. •— 183 council to have coi^trol of shore, appoint harbor masters, etc •••••.••• 355 limit of tax for special improvementa In certain, not to exceed twenty-fi^e per cent •*•••... 280 where assessment exceeds such per cent, excess to be paid out of general reyenne •• ....*.... .,. 280 assessments in cities of second grade, first class, to be upon abutting property. 280 fire department, how controlled in cities of second grade, second class.. .••• . 296 when, in certain city (Toledo), animals running at large. may be confined in private inciosure —••• ••• ••••• •••• ...••... ...•• •••. .. 311 how certain cities (Cincinnati and Cleveland) divided into voting preoinets.. 312 MUTUAL AID ASSOCIATIONS— to file annual statement with superintendent ctf insoranoe ••.••• . ...••. •••• .. 178 what such statement must contain.... • •.•.•.•...•.•••••••.•••... 179 failure to file report to work forfeiture of firanchise ••..\.... ..•• . 180 attorney-general to institute proceedings in such esse. ..•• .. 180 rules under which foreign associations may do business .... .... . 161 where suits against may be brought.... .'..• ••• •••.. 161 no agent to collect dues without first giving bond.... 181 eiwmptions as to certain associations.. .... .... .... .. . 181 bond of treasurer to be filed with secretary of state ..•• .... . •••• .... 181 OHIO PENITENTIART— appropriations for deficiencies... ..•• .... .... •••• .. .. 20 act reorganising.... • ..... •••• .... .... .... •... .. 161 apprepviatioDfl for rebuilding work shops.... .... ...... . ..•• .... .«.. ...• .... 226 appropriations for.... .... .... ••»• •••. »•.. ••.. .... .... ...... .••• ..•• •••• . .. 251 OHIO RIVER IMPROVEMENT— appioptiatloD for expenses of eommisBloners of.... ••.. .... •••• 254 a 466 OHIO STATE UNIVERSITT— appropriations for deAolenoies .— •••• •••• .«.. .••••• . •••• •••• .•••, brmnches preseribed at ^». ••• • ••••, appropriations for •••• .... •••• •••• ••••.•. PAULDING TOWNSHIP, PAULDING COUNTY— anthorisad to build and lease or operate a railroad ..•• ...... ...... 170 PAUPER— penalty for bringing foreign, into oity, oonnty, etc. .... ••.. . •... ...... ....•• 39 baring • legal settlement in anotber oonnty to be removed thereto .••• 98S PERPETUATION OP TESTIMONY— petition for, what to eontain ...... ...... ...••• ..•••• ...••• IIK^ PETROLEUM OILS— manner of inspeetion presoribed •.!.... ...............l..... 14T sale or use of nninspeoted, Hnlawfal, penalty .... .... .... ...... .... ....•• .. 151 penalty for adulteration of ISl person selling, below teet, liable for damages. 151 PLEASANT TOWNSHIP, VAN WERT COaNFY— antboriced to bnlld and lease or operate a railroad .... .. .... .... .... •••. .••• 157 PJiYMOUTH— antborised to build and lease or operate a railroad .... .... .••• .... ...••• •••• 891 PORT CLINTON— authorised to bnild and lease or operate a railroad 878 PORTSMOUTH— authorised to build and lease or operate a railroad 131 FOUNDS- when not ptorided in eertain elty (Toledo), animsls may be eonfined in pri- vate enclosure .... .... .... .... ...... .... .... .... .... t.. 3U PRESIDENTIAL ELECTION— appropriation for expenses of.... .... ...... .... ..•• .... .... .... •••• .... .... 949 PROBATE COURT OR JUDGE— Jarisdiction in oases of misdemeauor extended to oertalu oounties . .... .... .. 4B Judge to act as one of committee to approve plans, etc , of oonnty bnildings. 79 Judge and deputy prohibited from praetioing law— penalty 183 to fix terms of sale of real estate in eases of assignment ...... .... .... .... .. 189 to order payments of liens aooording to priority • 190 to issue citation to widow to make her election under will.. ...909, 308 PROSECUTING ATTORNEY— who inelliglble as a candidate for 49 to proceed by information against probate judge or deputy praotioiog law— . 183 of Lucas county may appoint assistant ..•• .... 319 partner of^ not to be employed by or oondn 3t defease of prisoner •••. .••• .... f9 PROYIDENCE SLiCE-WATER— vs-atpropiiatlon of amount appropriated inr .... . .... 9B3 467 TTTBUGATION— taqm in whAt oMe0 aerrioe nuiy be m»de by .—• •— —• ..•• .. 44 T'lTBiaC WORKS- xepeal of act giring oblef engineer Tote on appointmenti .... •••• . •••• ...« .. ft »ppTOfyriatloii ton attorney feea • •••. •• ••• •••• •••• 83 appropriation to rebnlld looln on Miami and Erie oanal . .. .. .. .... •••• ..•••• 986 re-appropriation for Proyidenee tlaok-water ••• 853 appropriationi for ••• .... .••• .... ••.. ••.. ••.. .... •••• ...« ..•• . 854 KA1I.BOAD COMPANIES— how purohasers of railroad at Jadicial aale inoorporated •••••••• 00 principal bffloe of, where to be established.. • —• ••.. ....••.. .....••••. 153 narrow gange, in certain oases may issue second mortgage bonds.. •• ..•• ••.. 164 heating apparatus for passenger cars prescribed .... •••. 803 may borrow money in lien of issuing preferred stock ...• 806 may pledge entire property to secure payment of loan.. ••• .... 807 BECORD8— where destroyed, oertifled copies of former records may be recorded... 5, 113 officer to record same as original instruments.. .••... .... ..6» 113 oopies in such case to haTC same force as copies of original record ....6^ 113 eerttfledcopy of record of deed to be cTidence €i what 811 BEFORM SCHOOL FOR BOYS— appropriations for deftcienoiee ••.... ...• ...•• • • .... ...... 80 other appropriations Cor ....••• .....••.. 858 gOTemor may cause JuTenile convict to be transferred to 318 minor so transferred to be held only during his term of sentence... 318 goremor may remand JuTcnile oifonder to Jail or penitentiary 318 RELIGIOUS 80CIETT— notice of pendency and prayer of petition to sell real estate when and where published 188 may construct sidewalk along pnblio road...^ ...... .... ...... 145 REVISED STATUTES— by what title to be designated 18 appropriation for purchase of additional copies of ...••• 176 section 18, amended .•••.. 18 section 40, amended ...... ...... .... .... .... .... .••• •• .... • 85 section 66, amended .••• 50 section 139, amended ................................ p. .......... .....*••.. 53 section 167, amended •••... 198 section 181, supplementary to • 841 ssetion 318, amended • • • 53 section 313, amended •• 169 seotion 314, amended ..•• ...••• ..••• • 169 . seotion 394, amended •••.•.••....••....••. 147 section 395, amended 149 section 396, amended • • •• 150 Motion 397, amended .«.. ...••• .... ..«. •«. ...... 151 458 REVISED STATUTE 8-C;ontiniied. seotiozi 398, amended ••• • •«•• 151 aeotion 399, amended .•«.. 151 seotion 400, amended •..». 151 section 401, amended .,.. .... ...... •... ,...•• ...« ...• 152 aeotion 402, amended ...•• 152 section 403, amended • ••• ...... .... .... ..•• 1G2 seotion 404, amended .. 1G2 section 466, amended *..... •••• 200 seotion 476, amended ...• 238 section 481, amended 239 seotion 503, amended 188 section 534, amended 183 section 634, amended .. S03 section 635, amended • .. 203 section 636, amended 203 section 637, amended ..«•• .«.. .... .... ..•• ...... .... .. 204 - section 638, amended •• 204 seotion 639, amended 204 seotion 642, amended 204 seotion 645, amended .. 61 seotion 650, amended .••• 904 seotion €55, amended ..^ •• .••• .. 227 section 656, amended ..•..•••••• 228 section 662, amended • ....a....... 169 seotion 663, emended .«• 170 section 670, amended .••• .... 76 seotion 676, repealed .•••... 205 seotion 681, repealed 205 seotion 68B}« repealed 205 seotion 683, repealed 205 section 684, repealed.... ...... 205 seotion 685, repealed 205 seotion 686, repealed 205 section 687, repealed.... ..•••. ...... .••.•• 205 section 688, repealed 205 seotion 689, repealed • .....«•••. 205 section 690, repealed • ;... .^•...•... 205 section 691, repealed ••.••..... .•••-.. 205 seotion 693, repealed 205 seotion 761, amended ••• ...... ...... ...... 312 seotion 797, amended • •• ....•• 72 seotion 907, amended. *..... ......S^ 113 seotion 9i9, snpplementaiy to ..•••.••.•• 114 seotion 935, amended ••••.. ....• ...• 49 seotion 985, amended 39 • section 1001, amended ..«••• ....» 87 sections 1013 to' 1162 inclasive, snpplementary to ^ •••.. 137 469 SEVTBED STATUTES— ContinnecL PAOB section 1104 aeotion 1117 fleoUon 1155; seotioii 1230 aeotion 1230 aeotion 1268, aeotion 1271 aeotion 1311 aeotion 1345 aeotion 1347 aeotion 1355 aeotion 1358 section 1359 aeotion 1364 aeotion 1481 aeotion 1496 aeotion 1521 aeetion 1631 aeotion 1693^ aeotion 1700 aeotion 1703 section 1708 section 1709, Bcotion 1711 aeotion 1765^ section 1870, section 1874 section 1875, section 1876 section 1877 section 1878 section 1879, seotl oing 426 CLEVELAND ASYLUM FOR THE INSANE— directors required to admit Miss Frank Sadler as a patient 413 COLUMBUS ASYLUM FOR THE INSANE— directors to receive Manuel Zuniga as an inmate 429 COMMISSIONER OF LABOR STATISTICS— providing for printing additional copies of report of 425 COMMISSIONER OF RAILROADS— providing for printing laws relating to railroads for use of 431 COMMITTEE— to wait upon governor and inform him of organization of general assembly.. 417 on Joiivt rules, appointment of « •••..... 418 to arrange for inangnration of governor ....414, 418 i 477 COMMITTEE— Continued— paos appointed, to report on propriety and expense of goyemor's mansion 421 1/9 inyestigate loss of teachers and employes at fire at soldiers and sailors orphans home...... 42S on public buildings to re-distribute rooms in capitol 423 appointed on subjeot of transfer of Longyiew asylum to state 434 OOlirGRESS— requested to complete canal at Sault St. Bfarie 417 ■equested to secure speedy passage of bill proyiding for immediate transpor- tation of dutiable goods 430 requested to enact a law regulating transportation of freight and passengers. 423 M requested to fayor creation of the office of secretary of agriculture 496 . t requested to fayor certain changes in copyright law 435 xequested to haye Wilberforce uniyersity and Albany Enterprise academy in- cluded in distribution of certain funds 414 ■ y requested to yote against bill proyiding for bridge across Detroit riyer ...... 41S < DOMESTIC ANIMALS- • « resolution fayoring national commission to inyestigate contagious diseases of. 416 ^ GENEBAL AS8EMBLT— committee appointed to notify goyernor of organization of 417 proyiding for adjournment of 436 Joint oonyent ion to elect United States senator 413 ]^yiding for printing additional copies of rules of 413 ^ additional copies of manual to be printed •••..... 414 QEOLOQICAL MAPS— ^ proyiding for distribution of 498 ^ GIRLS INDUSTRIAL HOME— trustees authorized to remoye fountain^ fjrom capitol grounds • 431 GOVERNOB— instructed to forward copy of Joint resolutions to Ohio members of con- gress 414,415,416, 417, 433 committee to arrange for inauguration of 414, 418 GOVERNOR'S MANSION— committee appointed to report upon propriety and expense of 421 JOINTICONVENTION— to count yote of constitutional state officers • 416 to elect United States senator 413 LiONGVIEW ASYLUM— committee appointed on subject of transfer of to state 434 MANUAL OF GENERAL ASSEMBLY— proyiding for printing additional copies of.... ••• 414 OHIO SOLDIERS AND aAX^Qia ORPHANS HOME— directed to reoefre c^- . ^ of Daniel 8ko» as inmates 427 officers directed to a^ Ql^renoe ^, ^^wnittii as an inmate 428 superinteodent *^th^*\g io 'eiiio^. ^M^^ of the fountains in the capitol grounds ^ V^,..-.... CI — -^^^ 478 OHIO STATE EEPORT8— pj aeoietaiy of state directed to make con tract for pabliahiog ... KEFORM SCHOOL FOB BOTS— offlcere of, directed to ad^pit Thomas Sherman MoCracy I . KEVISED STATUTES— diieotlDg copy to be sent to directors of county infirmaries 4] secretary of state anthoriEsd to sell snrplns copies .... providing for purchase of additional copies of BULES OF THE QENEBAL ASSEHBI^Y-- proYiding for printing ILdditional ccipies of 4] SECBETABT OF STATE— directed to send copy of revised statutes to directors of county infirmariea 41 requested to report whether he has received electrotype plates of revised ^tntes ^ 4] providing for printing and biLding additional copies of report of... ..... 411 authorized to sell surplus copies revised statutes duty as to distribution of agricultural reports. directed to distribute surplus C9pies of certain reports, etc ...•. instructed to forward to members of Congress copies of certain joint reeolation duty as to distribution of geological maps • directed to purchase additional copies of revised statutes .. 429 instructed to return certain enrolled bill 4S} authorized to make contract for publishing Ohio State Beports...... ........ 43S STATE COMMISSIONER OF COMMON SCHOOLS— providing for binding report of 483 directed to distribute certain reports, laws, etc 433 SUPERVISOR OF PUBLIC PRINTING— directed to bind report of secretary of state in muslin 420 to bind report of state commissioner of common schools in muslin...... .... . 423 TOLEDO HOUSE OF REFUGE— auditor of state and attorney-general to make contract for keeping boys at. . 437 ^; 9»v«Vf ->#»" v« ♦»/».•**/' •*. 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